Department of Transportation November 2007 – Federal Register Recent Federal Regulation Documents

The Department of Transportation (DOT or Department) is seeking comment on whether it should adopt a rule to enhance airline passenger protections in the following seven ways: require carriers to adopt contingency plans for lengthy tarmac delays and incorporate them in their contracts of carriage, require carriers to respond to consumer problems, deem operating a chronically delayed flight to be unfair and deceptive, require carriers to publish delay data, require carriers to publish complaint data, require on-time performance reporting for international flights, and require carriers to audit their compliance with their customer service plans. We are proposing that most of these measures cover certificated or commuter air carriers that operate domestic scheduled passenger service using any aircraft with more than 30 passenger seats. We are proposing that one measure cover the largest U.S. and foreign carriers and that two other measures cover the largest U.S. carriers.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, 737-700, 737-700C, 737-800, and 737- 900 series airplanes. This proposed AD would require an inspection of the vertical fin lugs, skin, and skin edges for discrepancies, an inspection of the flight control cables, fittings, and pulleys in section 48 for signs of corrosion, an inspection of the horizontal stabilizer jackscrew, ball nut, and gimbal pins for signs of corrosion, and corrective actions if necessary. This proposed AD results from reports indicating that moisture was found within the section 48 cavity. We are proposing this AD to ensure that the correct amount of sealant was applied around the vertical fin lugs, skin and the skin edges. Missing sealant could result in icing of the elevator cables, which could cause a system jam and corrosion of structural and flight control parts, resulting in reduced controllability of the airplane.

This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for all ATR Model ATR42 and ATR72 airplanes. That NPRM invites comments concerning the proposed requirements for revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 767-200, -300, and -300F series airplanes. The existing AD currently requires reworking the surface of the ground stud bracket of the left and right transformer rectifier units (TRUs) and the airplane structure mounting surface, and measuring the resistance from the bracket to the structure and the ground lugs to the bracket using a bonding meter. This proposed AD would revise the applicability of the existing AD to include additional airplanes and would also require, among other actions, installation of a new ground stud bracket using faying surface bonding. This proposed AD results from a report of loss of all direct current (DC) power generation during a flight, due to inadequate electrical ground path between the ground bracket of the TRUs/main battery charger (MBC) and the structure. We are proposing this AD to prevent depletion of the main battery while in flight, resulting from the loss of both TRUs and the MBC, and consequent loss of all DC power, which could impact the safe flight and landing of the airplane due to the loss of function or malfunction of essential/critical systems and displays in the cockpit.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval (with modifications) for three years of a currently approved information collection.

The Federal Aviation Administration (FAA) is issuing this notice to advise the public of the approval of a Finding of No Significant Impact (FONSI) on an Environmental Assessment for proposed Federal actions at Greater Peoria Airport, Peoria, Illinois. The FONSI specifies that the proposed federal actions and local development projects are consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. A description of the proposed Federal actions is : (a) To issue an environmental finding to allow approval of the Airport Layout Plan (ALP) for the development items listed below; (b) Approval of the Airport Layout Plan (ALP) for the development items listed below; and (c) Establish eligibility of the Greater Peoria Airport Authority to compete for Federal funding for the development projects depicted on the Airport Layout Plan. The specific item in the local airport development project is to acquire approximately 34 acres of land in fee simple title off the Runway 31 end. Copies of the environmental decision and the Short Form EA are available for public information review during regular business hours at the following locations: 1. Greater Peoria Regional Airport, 6100 West Everett McKinley Dirksen Parkway, Peoria, Illinois 61607. 2. Division of Aeronautics-Illinois Department of Transportation, One Langhorne Bond Drive, Capital Airport, Springfield, Illinois 62707. 3. Chicago Airports District Office, Room 320, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018.

We propose to adopt a new airworthiness directive (AD) for BHTC Model 430 helicopters. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The aviation authority of Canada, with which we have a bilateral agreement, states in the MCAI:

This notice solicits applications for the truck parking initiative for which funding is available under section 1305 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU directed the Secretary to establish a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. States, metropolitan planning organizations (MPOs) and local governments are eligible for the funding available for fiscal years (FY) 2006-2009. Section 1305 allows for a wide range of eligible projects, ranging from construction of spaces and other capital improvements to using intelligent transportation systems (ITS) technology to increase information on the availability of both public and private commercial vehicle parking spaces. For purposes of this program, long-term parking is defined as parking available for 10 or more consecutive hours.

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on November 1, 2007 (72 FR 61796). The error resulted in an error in an airplane series number identified in Table 2 of the AD. This AD applies to all Airbus Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. This AD requires repetitive detailed visual inspections for cracking of the LH (left hand) and RH (right hand) wing MLG (main landing gear) rib 6 aft bearing lugs, and repair or replacement of the MLG rib 6 fitting, if necessary.

This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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, adding new obstacles, or changing 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 special condition is issued for Supplemental Type Certificate (STC), Project Number ST2902RC-R, for the installation of a Pratt and Whitney PT6-67D Turbine Engine on Global Helicopter Technology Inc. (GHTI), Restricted Category, U.S. Army military surplus helicopters, Model UH-1H, type certificated under type certificate (TC) R00002RC. The installation of the PT6-67D on the Restricted Category UH-1H will have a novel or unusual design feature associated with the installation of the Full Authority Digital Engine Control (FADEC). The applicable airworthiness regulations do not contain adequate or appropriate safety standards to protect systems that perform critical control functions from the effects of a high-intensity radiated field (HIRF). This special condition contains the additional safety standards that the Administrator considers necessary to ensure that critical control functions of systems will be maintained when exposed to HIRF.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 27 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 exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The FAA requests comments from the public to identify those regulations currently in effect that we should amend, remove, or simplify. We are publishing this notice under our ongoing regulatory review program required by Executive Order 12866. Getting public comments is a necessary element of our effort to make our regulations more effective and less burdensome.

This action withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD), applicable to certain Boeing Model 747 series airplanes powered by GE CF6-45/50, P&W JT9D-70, or JT9D-7 series engines. That action would have required repetitive inspections to find cracks and broken fasteners of the inboard and outboard nacelle struts of the rear engine mount bulkhead, and repair, if necessary. For certain airplanes, that action would have provided for an optional terminating modification for the inspections of the outboard nacelle struts. Since the issuance of the NPRM, the Federal Aviation Administration (FAA) has received new data of other issues related to the unsafe condition. The data include many new reports of additional web and frame cracks and sheared attachment fasteners, and reports of cracks on the outboard struts of airplanes not identified in the applicability of the NPRM, in addition to the comments received for the NPRM. We have determined from these data that the corrective actions required by the NPRM are inadequate for addressing the identified unsafe condition. Accordingly, the proposed rule is withdrawn.

The FAA is adopting a new airworthiness directive (AD) for certain Cessna Model 560 airplanes. This AD requires installing new minimum airspeed placards to notify the flightcrew of the proper airspeeds for operating in both normal and icing conditions. This AD also requires revising the airplane flight manual to provide limitations and procedures for operating in icing conditions, for operating with anti-ice systems selected ``on'' independent of icing conditions, and for recognizing and recovering from inadvertent stall. This AD also provides an optional terminating action for the placard installation. This AD results from an evaluation of in-service airplanes following an accident. The evaluation indicated that some airplanes may have an improperly adjusted stall warning system. We are issuing this AD to prevent an inadvertent stall due to the inadequate stall warning margin provided by an improperly adjusted stall warning system, which could result in loss of controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This AD requires repetitive measurements of the freeplay of certain joints of the trailing edge flap supports; repetitive lubrication of the support joints; and related investigative and corrective actions if necessary. This AD also provides for modifying certain components of the trailing edge flap supports, which extends the intervals for the repetitive measurements, and revising the maintenance practices of the maintenance planning data document. This AD results from reports of excessive wear of the pins, bushings, and bearings, and corrosion at the joints of the outboard trailing edge flap supports. We are issuing this AD to prevent wear and corrosion at the flap support joints, which could result in loss of the trailing edge flap and possible loss of control of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400, 747-400D, 747-400F, 757-200, 767-200, 767-300, and 767-300F series airplanes. This AD requires inspecting to determine the date code of the time delay relay for the cargo fire suppression system, and replacing the relay if necessary. This AD results from a report indicating that failure of a time delay relay on an ELMS (electrical load management system) panel led to testing of other time delay relays at Boeing and at the supplier. Similar relays are used in the cargo fire suppression system. The time delay relay controls when the secondary fire bottles discharge. We are issuing this AD to ensure there is sufficient fire suppressant to control a cargo fire if the airplane is more than the relay delay time from a suitable airport, which could result in an uncontrollable fire in the cargo compartment.

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.