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

The FAA hereby provides notice of intent to release certain airport properties 7.8392 Acres at the Sarasota Bradenton International Airport, Sarasota, FL from the aeronautical use restriction as contained in a Quitclaim Deed agreement between the United States of America, acting through the War Assets Administrator and the Sarasota Manatee County Airport Authority, dated December 16, 1947. The release of property will allow the Sarasota Manatee County Airport Authority to lease the property for other than aeronautical purposes. The property is located in the Northeast quarter of Section 1, Township 36 South, Range 17 East, Sarasota County, Florida. The parcel is currently designated as aeronautical use. The property use designation will change to non-aeronautical use for the purpose of revenue generation. The fair market value of the property has been determined by appraisal to be between $0.17 and $0.18 per square foot. The airport will receive fair market value for the property, which will be subsequently reinvested in the operating and maintenance of the airport. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Sarasota Bradenton International Airport and the FAA Airports District Office.

This action proposes to revise Class D airspace at Mesa, AZ, Falcon Field Airport. The airspace would be modified to accommodate general aviation pilots transitioning the Phoenix area as described in the forthcoming proposed Phoenix Class B airspace redesign. Revising the Falcon Field airspace will provide a wider corridor for general aviation pilots to transition north and south beneath the proposed Phoenix Class B airspace and remain west of the Falcon Field Airport Class D airspace.

The FAA is issuing a correction to the Notice of Opportunity To Participate, Criteria Requirements and Application Procedure for Participation in the Military Airport Program (MAP), which was published in the Federal Register on October 16, 2006 (71 FR 60791). That Notice announced the criteria, application procedures, and schedule to be applied by the Secretary of Transportation in designating or redesignating, and funding capital development annually for up to 15 current (joint-use) or former military airports seeking designation or redesignation to participate to the Military Airport Program (MAP). These corrections change the year from ``2006'' to ``2007'' and change available slots from ``6 slots'' to ``4 slots''.

This rule amends the Department of Transportation's regulations implementing the governmentwide nonprocurement debarment and suspension requirements. Specifically, this rule adopts the optional lower tier coverage prohibiting excluded persons from participating in subcontracts at tiers lower than the first tier below a covered nonprocurement transaction.

The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee.

This action extends the comment period for the NPRM published August 29, 2006 (71 FR 51360). Under the NPRM, the FAA proposed to establish an operational limit on the number of aircraft landing and taking off at New York's LaGuardia Airport. This extension is a result of requests from the Airports Council InternationalNorth America (ACI-NA), the Air Transport Association of America (ATA) and the Regional Airline Association (RAA), and the Port Authority of New York and New Jersey (Port Authority) for additional time to comment on the proposal.

The Surface Transportation Board is modifying the timeframes in its rules for certain class exemptions to provide greater public notice in advance of the possible consummation of an exempt transaction. The proposed changes will ensure that the public is given notice of a proposed transaction before the exemption becomes effective; and that the Board may process such notices of exemption, and related petitions for stay, if any, in an orderly and timely fashion.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 23 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.

In accordance with the procedures in 49 CFR part 555, Panoz Auto-Development Company has petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\

Providence and Worcester Railroad Company (P&W) has filed an application for its participation in an existing railroad agreement for the pooling of services related to multilevel cars used to transport motor vehicles and boxcars used to transport automobile parts. P&W is a common carrier engaged in the transportation of property by railroad in Rhode Island, Massachusetts, Connecticut, and New York. Its participation in the pooling agreement will be with respect to the movement of multilevel railcars between an automobile staging facility located at Davisville, RI, and its connections with various railroads.

These special conditions are issued for the Airbus A380-800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Some of these novel or unusual design features are associated with the high bypass engines used on the Model A380. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding transient engine failure loads. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This action modifies the Class E airspace area at Honolulu International Airport, HI. The establishment of an Area Navigation (RNAV) Required Navigation Performance (RNP) Instrument Approach Procedure (IAP) to Runway (RWY) 08L and 26L to Honolulu International Airport, Honolulu, HI has made this action necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing this RNAV (RNP) IAP to RWY 08L and 26L to Honolulu International Airport. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Honolulu International Airport, Honolulu, HI.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program modification submitted by the Sanford Airport 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 June 22, 2005, the FAA determined that the noise exposure maps submitted by the Sanford Airport Authority under part 150 were in compliance with applicable requirements. On August 23, 2006, the FAA approved the Orlando Sanford International Airport modification to the noise compatibility program. All of the recommended modifications of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator.

The FMCSA invites public comment on its plan to request the Office of Management and Budget's (OMB) approval for a new information collection (IC). The collection involves the assessment of FMCSA's strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases and launch a modernization initiative to create the FMCSA COMPASS Portal. The information to be collected will be used to assess the satisfaction of Federal, State and industry customers with the FMCSA COMPASS Portal. FMCSA is required by the Paperwork Reduction Act of 1995 to publish this notice in the Federal Register.

The FMCSA invites comments about our intention to request the Office of Management and Budget (OMB) to approve a new information collection. The new information collection is associated with an agency study by a research contractor which will investigate motor carriers that operate small passenger-transporting commercial motor vehicles (CMVs). The collected information would assist FMCSA with outreach initiatives to these newly regulated motor carriers of passengers. This notice is required by the Paperwork Reduction Act of 1995.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 series airplanes equipped with General Electric GE90-94B engines. This AD requires inspecting to determine the part number of the identification plate of the torque box on the thrust reversers (TRs), and investigative and corrective actions if necessary. This AD results from engine certification testing which revealed that TRs on GE90-94B engines have inner walls that could develop disbonding in the upper bifurcation radii. Disbonding was found in an equivalent inner wall used during the testing. We are issuing this AD to prevent failure of a TR and adjacent components and their consequent separation from the airplane during flight or during a refused takeoff (RTO). These separated components could cause structural damage to the airplane or damage to other airplanes and possible injury to people on the ground. TR failure during a RTO could also cause the engine to produce forward thrust, resulting in asymmetric thrust and possible runway excursion.

The FAA is adopting a new airworthiness directive (AD) to supersede AD 2003-22-13, which applies to all AeroSpace Technologies of Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-22-13 currently requires you to visually inspect the ailerons for damage and replace if necessary; adjust the engine power levers aural warning microswitches; set flap extension and flap down operation limitations; and fabricate and install cockpit flap extension and flap down operation restriction placards. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. The FAA inadvertently omitted Model N22S airplanes from the applicability of AD 2003-22-13. Therefore, this AD retains the actions exactly as required in AD 2003-22-13 and adds Model N22S airplanes to the Applicability section. We are issuing this AD to prevent failure of the aileron due to undetected pre-existing aileron damage and airplane operation outside of the approved limits. Aileron failure could lead to reduced or loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Arriel 2B, 2B1, and 2B1A turboshaft engines. This AD requires visually inspecting the splines of the high-pressure (HP) pump drive gear shaft and coupling shaft assembly for wear. This AD results from reports of uncommanded in-flight shutdowns of engines. We are issuing this AD to detect wear on the splines of the HP pump drive gear shaft and coupling shaft assembly, which could interrupt the fuel flow and cause an uncommanded in-flight shutdown of the engine on a single- engine helicopter. The in-flight shutdown of the engine could result in a forced autorotation landing or accident.

FRA is amending its existing regulations in an effort to address various mechanical issues relevant to the manufacture, efficient utilization, and safe operation of passenger equipment and trains that have arisen since FRA's original issuance of the Passenger Equipment Safety Standards. The miscellaneous amendments concentrate on the following five areas: Clarifying the terminology related to piston travel indicators; providing alternative design and additional inspection criteria for new passenger equipment not designed to allow inspection of the application and release of the brakes from outside the equipment; permitting some latitude in the use of passenger equipment with redundant air compressors when a limited number of the compressors become inoperative; recognizing current locomotive manufacturing techniques by permitting an alternative pneumatic pressure test for main reservoirs; and adding provisions to ensure the proper securement of unattended equipment. FRA is also clarifying the existing regulatory requirements related to the attachment of safety appliances and is mandating an identification and inspection protocol to address passenger equipment containing welded safety appliances or welded safety appliance brackets or supports. Finally, FRA is amending the regulations to permit railroads the ability to apply out-of-service credit to certain periodic maintenance requirements related to passenger equipment.

The FAA proposes special conditions for the Boeing Model 777- 200 series airplanes. This airplane, modified by Boeing Commercial Airplane Group, will have novel or unusual design features associated with overhead cross aisle stowage compartments. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These proposed special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Section 5334(g) of the Federal Transit Laws, as codified, 49 U.S.C. 5301 et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this notice to advise Federal agencies that New Jersey Transit (NJT) intends to transfer the Union City Bus Maintenance Facility on New York Avenue in Union City, New Jersey, to the City of Union City. The property comprises one entire block and is bounded by Bergenline Avenue on the west, New York Avenue on the east, 29th Street on the north and 27th Street on the south. NJT no longer has a need for, and has not occupied the property for some time. Union City intends to use the property as a department of public works consolidated maintenance and storage facility for its fleet of vehicles, as well as create structured public parking and other uses.

This action proposes special conditions for the Dassault Aviation Model Falcon 7X airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include interaction of systems and structures, limit pilot forces, and electrical and electronic flight control systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.