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

The FMCSA announces that it has received from Verigo, Incorporated (Verigo) an application for an exemption from the signature requirement for a driver on the record of duty status (RODS). Verigo's application is being made on behalf of all drivers and carriers operating commercial motor vehicles in the U.S. and using the Verigo Wireless Logbook. The exemption would allow a signature entered on an electronic ``signature pad'' to be the functional equivalent of a handwritten signature on the RODS. Verigo states that this will allow the trucking industry to reduce administrative costs and increase productivity by providing a simple and effective alternative to paper RODS. The FMCSA requests public comment on Verigo's application for exemption.

We propose to supersede Airworthiness Directive (AD) 2007-13- 17, which applies to all Air Tractor, Inc. (Air Tractor) Models AT-602, AT-802, and AT-802A airplanes. AD 2007-13-17 currently requires you to repetitively inspect the engine mount for any cracks, repair or replace any cracked engine mount, and report any cracks found to the FAA. Since we issued AD 2007-13-17, Air Tractor has learned of a Model AT-502B with a crack located where the lower engine mount tube is welded to the engine mount ring. In addition, Snow Engineering Co. has developed gussets that, when installed according to their service letter, terminate the repetitive inspection requirement. Consequently, this proposed AD would retain the inspection actions of AD 2007-13-17 for Model AT-602, AT-802, and AT-802A airplanes, including the compliance times and effective dates; establish new inspection actions for the AT- 400 and AT-500 series airplanes; incorporate a mandatory terminating action for all airplanes; and terminate the reporting requirement of AD 2007-13-17. We are proposing this AD to detect and correct cracks in the engine mount, which could result in failure of the engine mount. Such failure could lead to separation of the engine from the airplane.

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.

This action proposes to modify the Class E airspace area at Hollister, CA. Establishment of an Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Hollister Municipal Airport, Hollister, CA, has made this proposal necessary. Additional controlled airspace is needed for the safety and management of aircraft executing the new RNAV (GPS) SIAPs at Hollister Municipal Airport, Hollister, CA.

The Surface Transportation Board (Board) is accepting for consideration the primary application filed October 30, 2007, by Canadian National Railway Corporation (CNR) and Grand Trunk Corporation (GTC), a noncarrier holding company through which CNR controls its U.S. rail subsidiaries, and seven related filings. The primary application seeks Board approval under 49 U.S.C. 11321-26 of the acquisition of control of EJ&E West Company (EJ&EW), a wholly owned noncarrier subsidiary of Elgin, Joliet and Eastern Railway Company (EJ&E), by CNR and GTC. This proposal is referred to as the Control Transaction, and CNR and GTC are referred to collectively as applicants. The related filings are notices of exemption involving an intra- corporate family transaction and the granting of trackage rights. The Sub-No. 1 filing provides for EJ&E to transfer property to EJ&EW, which, at that time, would become a rail common carrier, prior to applicants acquiring control of EJ&EW. The Sub-Nos. 2 through 7 filings provide for grants of trackage rights by EJ&EW to Grand Trunk Western Railroad (GTW), Illinois Central Railroad Company (IC), Chicago, Central & Pacific Railroad Company (CCP), and Wisconsin Central Ltd. (WCL), and by IC and CCP to EJ&EW, promptly upon applicants' acquisition of control of EJ&EW, should the Board approve the proposed Control Transaction. The Board finds that the Control Transaction is a ``minor transaction'' under 49 CFR 1180.2(c), and adopts a procedural schedule for consideration of the application. In finding that the transaction is a minor transaction, the Board has preliminarily determined that any anticompetitive effects of the transaction will clearly be outweighed by the transaction's anticipated contribution to the public interest in meeting significant transportation needs. 49 CFR 1180.2(b)(2). The Board makes this determination based solely on evidence presented in the application. The Board stresses that this is not a final determination, and its finding may be rebutted by filings and evidence submitted into the record for this proceeding. The Board will give careful consideration to any claims that the transaction will have anticompetitive effects that are not apparent from the application itself. Moreover, the Board has determined to prepare an Environmental Impact Statement (EIS) with respect to the transaction.

The FAA is adopting a new airworthiness directive (AD) for Hartzell Propeller Inc. Model HC-E5N-3( ), HC-E5N-3( )(L), and HC-E5B- 5( ) propellers. This AD requires a onetime eddy current inspection of the propeller hub mounting bolt holes and replacement of the propeller hub if cracked. This AD results from the discovery of a five-bladed propeller hub with a large crack on the mounting flange of the hub. We are issuing this AD to prevent propeller hub failure, blade separation, damage to the airplane, and possible loss of airplane control.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) provided by the European Aviation Safety Agency (EASA) to identify and correct an unsafe condition on Turbomeca Arriel 2S1 and 2S2 turboshaft engines. The MCAI states the following:

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 aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require installing software upgrades to the airplane information management system (AIMS) located in the flight compartment. This proposed AD results from an investigation that revealed that detrimental effects could occur on certain AIMS software during flight. We are proposing this AD to prevent an unannunciated loss of cabin pressure. If an undetected loss of pressure event were to cause an unsafe pressure in the cabin, the flight crew could become incapacitated.

FMCSA announces that it has published an opportunity to apply for FY 2008 funding for the CMV Operator Safety Training Grant on the grants.gov Web site (https://www.grants.gov). This opportunity was established by Section 4134 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. L. 109-59). This legislation requires grant recipients to train current and future drivers in the safe operation of CMVs, as defined in Section 31301 of Title 49, United States Code. Funding priority will be given to regional or multi-state educational or nonprofit associations serving economically distressed regions of the United States. Eligible awardees can also include State governments, local governments, and accredited post-secondary educational institutions (public or private) such as colleges, universities, vocational-technical schools and truck driver training schools. To apply for funding, applicants must first be registered with grants.gov at the following link: https:// www.grants.gov/applicants/getregistered.jsp. Note that grants.gov registration takes three to five business days to process your information before you can apply. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site following the instructions provided on the site. The Catalog of Federal Domestic Assistance (CFDA) number for the CMV Safety Training Grant Opportunity 20.235.

FMCSA announces receipt of applications from 28 individuals for exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This information collection consists of grant application preparation, quarterly reports and electronic data documenting the results of driver/vehicle inspections performed by the States. On September 21, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received.

The FAA is adopting a new airworthiness directive (AD) for a GE CF6-80C2B1 turbofan engine, serial number (SN) 690203, with fan disk, part number (P/N) 1703M78P11, SN RPMDA662, installed. This AD requires stripping of thermal spray coating, inspection of dovetail slots, and reapplication of thermal spray coating on certain stage 1 fan disks. This AD results from a report that a repair shop did not meet the process requirements when applying copper-nickel-indium (Cu- Ni-In) thermal coating to certain stage 1 fan disks. We are issuing this AD to prevent possible uncontained release of multiple fan blades, resulting in damage to the airplane.

We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) provided by the European Aviation Safety Agency (EASA) to identify and correct an unsafe condition on SMA SR305-230 and SR305-230-1 reciprocating engines. The MCAI states the following:

We are adopting a new airworthiness directive (AD) for the products listed above. This 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 MCAI describes the unsafe condition as:

The Federal Aviation Administration announces that it will be including the assessment of the transfer of lands from federal to state ownership for aviation uses within the Environmental Impact Statement (EIS) currently being prepared by the Federal Aviation Administration. Public and Agency Scoping comments are being sought by the Federal Aviation Administration to receive input regarding the assessment of this additional proposed project within the EIS. Responsible Official: Patricia A. Sullivan, Environmental Protection Specialist, Federal Aviation Administration, Alaskan Region, Airports Division, 222 W. 7th Avenue, 14, Anchorage, AK 99513- 7587, Telephone (907) 271-5454.

This action proposes special conditions for Boeing Model 757 series airplanes. These airplanes, as modified by Triad International Maintenance Company (TIMCO), will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. 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.

This action confirms the direct final rule issued on September 14, 2007, which became effective on November 13, 2007. The rule changes certain display requirements for nationality and registration marks for powered parachutes and weight-shift-control aircraft. No comments were received on this direct final rule.

The FAA is adopting a new airworthiness directive (AD) for certain Eclipse Aviation Corporation Model (Eclipse) EA500 airplanes. This AD requires you to inspect the fuel filler adapters for primer and/or paint in the surround and, if present, remove the primer and/or paint. This AD results from an observation during a factory walk-around that the fuel filler surround was primed instead of being bare metal. We are issuing this AD to inspect and, if necessary, remove any paint and/or primer to restore the fuel filler adapter lightning strike protection. A lightning strike on the filler cap with insulating primer on the surround could result in the strike not dissipating to the surround. This could lead to arcing and ignition of fuel vapor inside the fuel tank.

In accordance with the procedures in 49 CFR Part 555, Ferrari S.P.A. and Ferrari North America (collectively, ``Ferrari'') have 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. This notice of receipt of an application for temporary exemption is published in accordance with the statutory provisions of 49 U.S.C. 30113(b)(2). NHTSA has made no judgment on the merits of the application.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-200 series airplanes. This proposed AD would require repetitive inspections to detect cracking of the support fittings of the Krueger flap actuators, and corrective actions if necessary. This proposed AD also would require eventual replacement of any existing aluminum support fitting on each wing with a steel fitting, and modification of the aft attachment of the actuator. Doing these actions would terminate the repetitive inspection requirements. This proposed AD results from reports of cracking due to fatigue and stress corrosion of the support fittings of the Krueger flap actuator. We are proposing this AD to prevent cracking of the support fittings, which could result in fracturing of the actuator attach lugs, separation of the actuator from the support fitting, severing of the hydraulic lines, resultant loss of hydraulic fluids, and consequent reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes equipped with Rolls Royce RB211- 535E engines. This proposed AD would require repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. This proposed AD results from reports of several incidents of bolt failure at the aft hinge fittings of the thrust reversers due to, among other things, high operational loads. We are proposing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to the airplane.