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

This notice announces the availability of, and requests comments on draft Order 8040.2, Airworthiness Directive Process for Mandatory Continuing Airworthiness Information. The draft order describes new policy and procedures for developing and issuing Federal Aviation Administration (FAA) airworthiness directives (AD) on imported products where the State of Design Authority issued mandatory continuing airworthiness information (MCAI). The process will allow for a timelier issuance of ADs.

In a final rule of August 17, 2005, we updated our standard regulating motor vehicle controls, telltales and indicators. The standard specifies requirements for the location, identification, and illumination of these items. The rule extended the standard's telltale and indicator requirements to vehicles with a Gross Vehicle Weight Rating (GVWR) of 4,536 kg (10,000 pounds) and greater, updated the standard's requirements for multi-function controls and multi-task displays to make the requirements appropriate for advanced systems, and reorganized the standard to make it easier to read. In a document published on January 24, 2006, the effective date and compliance date for requirements applicable to vehicles under 4,536 kg (10,000 pounds) GVWR were extended to September 1, 2006. In response to the August 17, 2005 final rule, we received four petitions for reconsideration, from three organizations. This final rule responds to those petitions.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 767-200, -300, and -300F series airplanes. That AD currently requires repetitive inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies, and corrective action if necessary. This new AD requires new inspections for cracking or severe wear of the bearings of the link assembly, inspections of any link assembly not previously inspected for damage, and corrective actions if necessary. This AD also ends the existing repetitive inspections for certain airplanes, and extends the repetitive interval for the existing repetitive inspections and the compliance time for the corrective action on certain other airplanes. This AD also provides an optional terminating action. This AD results from additional reports indicating fractured bearings of the link assembly joint in the inboard and outboard flaps of the trailing edge. We are issuing this AD to prevent failure of the bearings in the link assembly joint, which could result in separation of the inboard or outboard flap and consequent loss of control of the airplane.

FMCSA announces its decision to grant Volvo Trucks North America, Inc's. (Volvo), application for an exemption from the Agency's requirement for drivers of commercial motor vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo requested an exemption for 11 Swedish engineers and technicians who will test drive CMVs in the United States (U.S.) for Volvo. All of the individuals hold a valid Swedish CDL and have been trained to drive CMVs in Sweden. The individuals normally work at Volvo in Sweden where their duties involve developing, designing, and testing engines for CMVs that will be manufactured, assembled, sold, or primarily used in the U.S. FMCSA believes the terms and conditions of the exemption will ensure that the level of safety for the drivers is equivalent to or greater than the level of safety that would be achieved by complying with the Federal regulations. The exemption will preempt inconsistent State requirements applicable to interstate commerce.

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 collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on February 27, 2006 (71 FR 9859).

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The Record of Decision was prepared based on the Final Programmatic Environmental Impact Statement (PEIS) for Horizontal Launch and Reentry of Reentry Vehicles. The FAA prepared this Record of Decision pursuant to the National Environmental Policy Act (NEPA) of 1969 as amended (42 United States Code 4321, et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] 1500-1508), and FAA Order 1050.1 E, Environmental Impacts: Policies and Procedures. This Record of Decision contains the statement of decision, identifies the alternatives considered, and discusses the factors on which the decision was based. The PEIS considered the potential programmatic environmental effects of licensing horizontal launches of launch vehicles, reentries of reentry vehicles,\1\ as well as licensing the operation of facilities that support these activities. The PEIS considered three horizontal launch vehicle concepts and reentry vehicles with both powered and unpowered landings.

The FAA announces that an FEIS for the Proposed Relocation of the Panama City-Bay County International Airport is available for public review. The FEIS includes the section 7 consultation with United States Fish and Wildlife Service (USFWS) regarding the Proposed Action's impact to threatened and endangered species. An Essential Fish Habitat (EFH) and Living Marine Resources (LMR) Assessment is included in the FEIS. The FEIS discusses impacts to the base floodplain and wetlands and measures to mitigate those impacts. The FAA is seeking comments on those sections of the FEIS that have been updated and/or contain additional information not previously contained in the DEIS. Please see SUPPLEMENTARY INFORMATION for a listing of sections of the FEIS and associated appendices that have been updated or contain additional information. Additional information regarding potential redevelopment of the existing airport site under the West Bay Site alternatives was published following public availability of the Draft Environmental Impact Statement (DEIS). This information has been analyzed and is included in the FEIS for disclosure purposes but is not part of the Proposed Action. All comments are to be submitted to Virginia Lane of the FAA, at the address shown in the section below entitled ``For Further Information or to Submit Comments Contact.'' The USACE has requested that the FAA be the recipient of all comments regarding their actions. The USACE is a cooperating Federal agency for this FEIS, having jurisdiction by law because the proposed federal action has the potential for significant wetland impacts, and would require the USACE to approve issuance of a permit to fill wetlands under section 404 of the Clean Water Act.

The FAA is adopting a new airworthiness directive (AD) for Hamilton Sundstrand model 14RF-9 propellers. This AD requires visual, feeler gage, and tap test inspections of certain serial number (SN) propeller blades of the ``+E'' repair configuration for blade delamination, and removing the blade from service if the blade fails inspection. This AD also requires removing those serial-numbered propeller blades from service by March 1, 2007. This AD results from reports of delaminated blade fiberglass repair patches that allowed corrosion to form on the aluminum blade spar under the patch. We are issuing this AD to prevent blade failure that could result in separation of a propeller blade and loss of control of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-200B, 747-200C, 747-200F, 747-300, 747-400, and 747SP series airplanes. This AD requires doing a detailed inspection of the left and right longeron extension fittings, and corrective action if necessary. This AD results from cracking found in the longeron extension fitting at body station 1480 due to accidental damage during production. We are issuing this AD to detect and correct cracking in the longeron extension fitting, which could result in rapid decompression of the airplane and possible in-flight breakup of the airplane fuselage.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A319-100, A320-200, A321-100, and A321-200 series airplanes. This AD requires repetitive inspections for corrosion in the inside and outside lower walls of each type A, D, E, and F lavatory wall that has at least one wall-mounted cabin attendant seat, and related investigative and corrective actions if necessary. The repetitive inspections may be terminated by repairing the wall with composite material, or replacing the entire wall with a new wall made of composite material. This AD results from reports of corrosion in the lower part of the lavatory walls due to water ingress. We are issuing this AD to detect and correct corrosion and damage on the lower part of the lavatory walls, which could compromise the structural integrity of the cabin attendant seat attachments, and cause injury to the cabin attendants during a crash landing.

The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Brunswick and New Hanover Counties, North Carolina.

This notice proposes to establish Class E airspace at Forest Hill Airport, Forest Hill, Maryland. The development of a Standard Instrument Approach Procedure (SIAP) to serve flights operating into the airport during Instrument Flight Rules (IFR) conditions makes this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing an approach. The area would be depicted on aeronautical charts for pilot reference.

This notice announces that the Bureau of Transportation Statistics (BTS) intends to request the Office of Management and Budget (OMB) to approve a data collection effort to evaluate a five-year research program on using information from close calls and near misses to improve safety in the rail industry. The study is conducted by the Office of Human Factors in the Federal Railroad Administration (FRA) and is designed to identify safety issues and propose corrective actions based on voluntary reports of close calls submitted to BTS. Because of the innovative nature of this program, the FRA is implementing an evaluation to determine whether the program is succeeding, how it can be improved, and what is needed to implement the program through out the railroad industry. This collection is necessary to obtain the data needed to carry out the evaluation. This notice is required by the Paperwork Reduction Act.

This amendment proposes superseding an existing airworthiness directive (AD) for the specified Eurocopter France (ECF) model helicopters that currently requires replacing each affected main rotor head torsion tie bar (tie bar) with an airworthy tie bar and revising the limitations section of the maintenance manual by adding life limits for certain tie bars. This action would retain the current requirements and reduce life limits of another part-numbered tie bar. This proposal is prompted by the FAA determination, after reviewing the manufacturer's data, that another part-numbered tie bar should be included in the applicability of the AD. The actions specified by the proposed AD are intended to prevent failure of a tie bar, loss of a main rotor blade, and subsequent loss of control of the helicopter.

On May 1, 2006, PHMSA published a safety advisory notice advising the public that certain high pressure DOT exemption cylinders were not tested in accordance with applicable regulatory requirements. In the safety advisory notice, the serial numbers for the Goodrich cylinders ``Model No. T123-1 GOODR'' were listed incorrectly. This safety advisory notice corrects the May 1, 2006 safety advisory notice to provide the correct serial numbers for the affected cylinders. PHMSA published the safety advisory after learning of the manufacture, marking, and sale of certain high pressure DOT exemption cylinders that were not tested in accordance with applicable regulatory requirements. These cylinders were manufactured and/or distributed by Luxfer, Inc. (Luxfer), Riverside, CA. Luxfer and its independent inspection agency, Arrowhead Industrial Services, Inc. (Arrowhead), reported to PHMSA that 6,325 high pressure cylinders manufactured to the DOT CFFC and FRP-1 standards as authorized in DOT-E 10915, DOT-E 9634, and DOT-E 9894, had been shipped from Luxfer without undergoing the required autofrettage and hydrostatic tests. In a joint effort, Luxfer and Arrowhead have retrieved 2,581 of the untested cylinders. The model numbers and serial numbers of the remaining 3,859 cylinders are listed in this notice. Only cylinders with the listed serial numbers listed are affected. A person with a listed cylinder should discontinue use of the cylinder and return it to Arrowhead at the address below so the autofrettage and hydrostatic test can be completed before its next use. Shippers and compressed gas filling facilities are advised that these cylinders do not meet the requirements of the Hazardous Materials Regulations and may not be offered for transportation or transported until the required testing is completed.