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

This document proposes adopting a new airworthiness directive (AD) for the specified Erickson Air-Crane Incorporated (Erickson) model helicopters. The AD would require determining whether each specified tail rotor blade assembly (blade assembly) has an affected serial number or part marking. If a blade assembly has a certain serial number or part marking, the AD would also require initially and repetitively inspecting the tail rotor blade for a crack in the strap and pocket areas. If a crack is found, this AD would also require, before further flight, replacing the blade assembly with an airworthy blade assembly that does not have an affected serial number or part marking. This proposal is prompted by several reports of cracking in the strap and pocket areas of the tail rotor blade. The actions specified by the proposed AD are intended to prevent failure of the tail rotor blade and subsequent loss of control of the helicopter.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is proposing to amend the joint regulations by updating the Regulations and Rules in various categories. The proposed changes would update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; and, Information and Reports. The SLSDC is seeking to harmonize the ballast water requirements for vessels transiting the U.S. waters of the Seaway with those currently required by Canadian authorities for transit in waters under Canadian jurisdiction of the Seaway. These proposed amendments are necessary to take account of updated procedures and would eliminate the confusion regarding the requirements for saltwater flushing in the binational waters of the Seaway System.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.5(b), this notice announces that new information collection requirement (ICR) listed below has been approved by the Office of Management and Budget (OMB). This new ICR pertains to 49 CFR Part 262. Additionally, FRA hereby announces that other ICRs listed below have been re-approved by the Office of Management and Budget (OMB). These ICRs pertain to Parts 215, 216, 219, 223, and 239. The OMB approval numbers, titles, and expiration dates are included herein under supplementary information.

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 notice announces action taken by the USACE that is final within the meaning of 23 U.S.C. 139(l)(1). The action relates to a proposed highway project, Sandpoint North and South, Federal-aid Project No. DHP-NH-IR-CM-F-5116(068), Idaho Department of Transportation (ITD) Key No. 1729, Sandpoint in Bonner County in the State of Idaho. The action grants a Clean Water Act (CWA), section 404 permit for the project, pursuant to 33 U.S.C. 1344.

This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for Part 565, Parts 567 and Part 541 for which NHTSA intends to seek OMB approval.

This special condition is issued for the Bell Helicopter Model 429 helicopters. These helicopters will have novel or unusual design features associated with installing electrical and electronic systems that perform critical functions, including an Electronic Flight Instrument System (EFIS) and a 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, or provide critical displays, from the effects of high-intensity radiated fields (HIRF). This special condition contains the additional safety standards that the Administrator considers necessary to ensure that critical functions of systems will be maintained when exposed to HIRF.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of an extension of a currently approved information collection. We published a Federal Register. Notice with a 60-day public comment period on this information collection on August 17, 2007. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

These special conditions are issued 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 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.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-200B, 747-300, 747-400, 747-400D, and 747-400F series airplanes. This AD requires repetitive inspections of the left- and right-hand flipper door assemblies of the engine core cowls for migrated pins and damaged flipper doors, and corrective actions if necessary. Modification of the hinge assemblies terminates the repetitive inspections. This AD results from two reports of missing flipper doors for the engine core cowls. We are issuing this AD to detect and correct migrated hinge pins and damaged flipper doors, which could allow the flipper door to fall off, resulting in the potential for an engine fire to propagate into the flammable leakage zone of the strut and for the amount of fire extinguishing agent reaching the fire to be diluted, and subsequent uncontained fire in the engine strut.

The Federal Aviation Administration (FAA) is considering a proposal for the sale of a portion of the airport (2 acres, a portion of Parcel 19-2-08-13-03-303-006 and Parcel 19-2-08-13-03-303-007, located along the west side of East Airline Drive and east of Skyway Ct., presently open unused airport land) that is not needed for aeronautical use, as shown on the Airport Layout Plan. The revenue from this proposed sale will be used for the acquisition of property that will provide access to the airport property from Illinois Route 140 to the airport's northeast quadrant and/or other airport development. Parcel 19-2-08-13-03-303-006 and Parcel 19-2-08-13-03-303-007 are parts of the original parcel 19-2-08-13-03-303-004 that was purchased fee simple by the airport on May 8, 1977, with no Federal participation. 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 release of this portion of Parcel 19 will facilitate the acquisition of property adjacent to Illinois Route 140 and will provide access to the airport property from Illinois Route 140 to the airport's northeast quadrant, thereby allowing further airport development in the northeast quadrant.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 186 Automatic Dependent Surveillance- Broadcast (ADS-B).

The FAA is superseding an existing airworthiness directive (AD) for certain MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers manufactured before 1995, which had not been overhauled since April 1994. That AD currently requires overhauling the propeller blades and performing initial and repetitive visual inspections of affected propeller blades. That AD also requires removing all propeller blades from service with damaged erosion sheath bonding or loose erosion sheaths and installing any missing or damaged polyurethane protective strips. This AD requires the same actions. This AD results from the need to clarify the population of affected propellers previously listed in AD 2006-05-05. We are issuing this AD to prevent erosion sheath separation leading to damage of the airplane.

The Federal Highway Administration (FHWA) is issuing this notice of intent to advise agencies and the public than an Environmental Impact Statement (EIS) will be prepared to assess the impacts of proposed modifications to U.S. 97 in Deschutes County, Oregon.

The Maritime Administration announces that the Marine Transportation System National Advisory Council (MTSNAC) will hold a meeting to discuss an expanded Marine Transportation System outreach and education program that addresses future workforce needs, environmental issues, and freight mobility; public and private sector data collection efforts; and addressing MTSNAC's ten public/private recommendations. A public comment period is scheduled for 10:30 a.m. to 11 a.m. on Thursday, January 10. 2008. To provide time for as many people to speak as possible, speaking time for each individual will be limited to three minutes. Members of the public who would like to speak are asked to contact Richard J. Lolich by January 2, 2008. Commenters will be placed on the agenda in the order in which notifications are received. If time allows, additional comments will be permitted. Copies of oral comments must be submitted in writing at the meeting. Additional written comments are welcome and must be filed by January 18, 2008.

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:

Under this notice, the FAA announces that Newark Liberty International Airport (EWR) has been designated a Level 3 Coordinated Airport for the summer 2008 scheduling season under the International Air Transport Association (IATA) Worldwide Scheduling Guidelines. This notice supercedes the September 24, 2007, notice that designated EWR a Level 2 Schedules Facilitated Airport. 72 FR 54317. Based on a recently completed capacity analysis, a review of last summer's demand, the projections for summer 2008, discussions with carriers regarding future schedule plans, and the potential for increased operations at EWR due to operating limits at JFK, the FAA has determined that a Level 3 airport declaration is warranted. The FAA's primary constraint is runway capacity, but the Port Authority of New York and New Jersey (Port Authority), the airport's operator, also will continue to review proposed schedules for gates, facility, customs, immigration, or similar groundside constraints. The FAA and the Port Authority recognize that separate coordination process for runway slots and gate terminal slots is a burden for carriers and, therefore, the process is under review in order to facilitate communication and reduce the administrative workload. IATA will be consulted regarding ``best practices'' in use at other coordinated airports. EWR delays over the last several years have been among the highest in the system. Despite a relatively stable number of daily air traffic operations, the airport is experiencing increased congestion and delay partly as a result of certain peak hours when demand approaches or exceeds the airport's average arrival and departure runway throughput. Comparing the period of October 2006 through September 2007 to the same period in the previous year, the average daily operations at EWR decreased by about one-half percent; the average daily arrivals with delays greater than one hour increased 18 percent; and on-time gate arrivals within 15 minutes of scheduled time decreased from 63.52 percent to 61.72 percent. On-time departures within 15 minutes of scheduled time declined from 71.95 percent to 69.33 percent. The average taxi-out delay remained 28.6 minutes. To determine the airport's throughput, the FAA engaged MITRE's Center for Advanced Aviation System Development (CAASD) to review two years' worth of operational data for weekdays from September 2006 through August 2007. The analysis included hourly arrival and departure counts and the hourly air traffic control (ATC) established rates for those same periods. These rates were combined to develop an ``adjusted'' capacity number to reflect the airport's operational capability. This method compensates for periods when demand during a particular hour was below the ATC acceptance rates and also accounts for actual operations above ATC rates. For the last twelve months of the study period, the average adjusted capacity was 83 operations per hour, down almost five percent from the earlier months analyzed. The FAA is continuing to review ways to improve the airport's capacity and has been engaged in numerous efforts to identify and implement changes that would improve the efficiency of the ATC system. For example, as part of the FAA's New York Aviation Rulemaking Committee (ARC), over 77 initiatives were identified for the New York City area. A number of these initiatives will benefit the EWR operations. A full copy of the ARC's report to the Secretary of Transpiration is available on the FAA's Web site at https://www.faa.gov. The FAA's review of air carriers' schedule submissions for summer 2008 indicated new planned operations in peak hours as well as the retiming of operations from less congested to more congested periods. About 100 new peak-day flights were requested. Proposed schedules in the afternoon and evening period, which were historically high during summer 2007, are of the greatest concern. These proposed schedules, if implemented, would result in a significant increase of operations at EWR and would exceed the airport's optimal rate for multiple, consecutive hours. Delays would increase on an exponential basis and would likely reach levels that are considered unacceptable to passengers, airlines, and other customers. Under the Level 2 designation, the FAA began discussing carriers' proposed summer 2008 schedules in November at the IATA scheduling Conference in Toronto, Canada. The FAA will grant historic status for foreign flag air carrier and domestic air carrier operations based on their summer 2007 flights if requested for summer 2008. For new requests, the agency identified certain periods that would be beyond the airport's historic throughput and scheduled levels and asked for schedule adjustments from certain carriers to retime operations to other periods of the day where capacity is available. In some cases, carriers responded by withdrawing their new requests for peak hour operations. The FAA is continuing its effort to retime proposed new operation out of peak hours because the agency cannot grant the requests without causing excessive congestion. The FAA plans to finalize summer 2008 schedules with carriers within the next few weeks. Even if the FAA were to be fully successful in reaching agreement on schedule plans under Level 2 for summer 2008, the FAA now believes that an IATA Level 3 Coordinated Airport designation is warranted to ensure there is no exceedance of the level of operations the FAA will allow for summer 2008. The Level 3 status also will set carrier expectations for future coordination needs and for the need to schedule new operations during periods when the airport has the available capacity.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from service history of incidents and accidents involving transport category turbojet airplanes without leading edge high lift devices, that shows that even small amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing surfaces can cause an adverse change in the stall speeds, stall characteristics, and the protection provided by the stall protection system. This proposed AD requires revising the airplane flight manual to include a new cold weather operations limitation. We are proposing this AD to prevent possible loss of control on takeoff resulting from even small amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing surfaces. The proposed AD would require actions that are intended to address the unsafe condition.

The FAA is superseding an existing airworthiness directive (AD) for all Hartzell Propeller Inc. models ( )HC-( )( )Y( )-( )( )( ) compact series, constant speed or feathering propellers with Hartzell manufactured ``Y'' shank aluminum blades. That AD currently requires initial blade inspections, with no repetitive inspections; rework of all ``Y'' shank aluminum blades including cold rolling of the blade shank retention radius, blade replacement and modification of pitch change mechanisms for certain propeller models; and changing the airplane operating limitations with specific models of propellers installed. This AD requires the same actions but clarifies certain areas of the compliance, and updates a certain service bulletin (SB) reference to the most recent SB. This AD results from operators requesting clarification of certain portions of AD 2002-09-08. We are issuing this AD to prevent failure of the propeller blade from fatigue cracks in the blade shank radius, which can result in damage to the airplane and loss of airplane control.