Department of Transportation September 2008 – Federal Register Recent Federal Regulation Documents

On August 28 and September 4, 2008, the Administrator of the FRA determined that the impending landfall of hurricanes Gustav, Hanna, and Ike and the related requests for Presidential, Federal Disaster Declarations from the Governors of the States of Texas and Louisiana, constituted emergency events as related to railroad operations. Accordingly, the Administrator activated the Emergency Relief Docket. This document provides notice of the Administrator's determinations.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:

This notice announces a fact-finding informal airspace meeting to solicit information from airspace users and others concerning a plan to modify the Class C airspace area at Asheville, NC. The modification would ensure that arriving aircraft are contained within Class C airspace while flying instrument approaches to runways 16 and 34 at the Asheville Regional Airport. The purpose of the meeting is to provide interested parties an opportunity to present views, recommendations, and comments to be considered by the FAA in developing a proposal. All comments received during the meeting will be considered prior to issuance of a notice of proposed rulemaking.

This action delays the effective date for the revision of Restricted Area R-5107A, and the establishment of R-5107K, White Sands Missile Range, NM, until November 20, 2008. The FAA is taking this action to meet the required charting cutoff date necessary to insure the appropriate en route aeronautical charts display these restricted areas coincidental with the effective date.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to extend the following currently approved information collection:

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.

The NHTSA announces a meeting of NEMSAC to be held in the Metropolitan Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. The purpose of NEMSAC is to provide a nationally recognized council of emergency medical services representatives and consumers to provide advice and recommendations regarding Emergency Medical Services (EMS) to the U.S. DOT's NHTSA.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires modification of the refuel valve control unit for the reserve fuel tanks. This AD also requires a revision to the FAA-approved maintenance program to incorporate airworthiness limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as applicable. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent lightning-induced electrical energy from entering a reserve fuel tank through the refuel valve, which could result in a fuel tank explosion and consequent loss of the airplane.

We are superseding an existing airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 222, 222B, 222U, 230, and 430 helicopters. That AD currently requires visually inspecting the main rotor hydraulic actuator support (support) to verify the presence of all dowel pins and sealant between the support and transmission and verifying the proper torque of each attaching nut (nut). This AD requires the same actions as the existing AD and also requires repetitive actions at intervals not to exceed 600 hours time-in-service (TIS) or 12 months, whichever occurs first. This AD is prompted by the discovery that a 12-month compliance requirement was correctly included in an Emergency AD (EAD) that we issued but was inadvertently omitted when we published the Final rule; request for comments following the issuance of the EAD. The actions specified by this AD are intended to prevent failure of the support and subsequent loss of control of the helicopter.

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 action proposes to establish Class E airspace at Death Valley, CA. Controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) traffic from en route airspace to Las Vegas, NV. The FAA is proposing this action to enhance the safety and management of IFR aircraft operations near Las Vegas, NV.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that PHMSA is forwarding an Information Collection Request to the Office of Management and Budget (OMB) for the renewal and extension of four existing information collections. On May 22, 2008 (73 FR 29846), PHMSA published a Federal Register notice soliciting comments on these information collections. No comments were received. The purpose of this notice is to allow the public an additional 30 days to submit comments on the information collections described below.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 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.

FMCSA announces a public meeting of the Agency's MRB. The MRB public meeting will provide the public an opportunity to observe and participate in MRB deliberations about FMCSA's medical standards, in accordance with the Federal Advisory Committee Act (FACA).

In anticipation of congress enacting an extension of the Airport Improvement Program (AIP) the FAA is publishing this annual notice. This notice announces 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 in the MAP. While FAA currently has continuing authority to designate or redesignate airports, FAA does not have authority to issue grants for fiscal year 2009 MAP, and will not have authority until Congress enacts legislation enabling FAA to issue grants. The MAP allows the Secretary to designate current (joint-use) or former military airports to receive grants from the Airport Improvement Program (AIP). The Secretary is authorized to designate an airport (other than an airport designated before August 24, 1994) only if: (1) The airport is a former military installation closed or realigned under the Title 10 U.S.C. Sec. 2687 (announcement of closures of large Department of Defense installations after September 30, 1977), or under Section 201 or 2905 of the Defense Authorization Amendments and Base Closure and Realignment Acts; or (2) the airport is a military installation with both military and civil aircraft operations. The Secretary shall consider for designation only those current or former military airports, at least partly converted to civilian airports as part of the national air transportation system, that will reduce delays at airports with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings, or will enhance airport and air traffic control system capacity in metropolitan areas, or reduce current and projected flight delays (49 U.S.C. 47118(c)).

The FAA is adopting a new airworthiness directive (AD) for certain Harco Labs, Inc. part numbers 100435-39, 100435-39-001, 100435- 40, and 100435-40-001 pitot/angle of attack (AOA) probes installed on, but not limited to Eclipse Aviation Inc. Model EA500 airplanes. This AD requires you to incorporate information into the Limitations section of the airplane flight manual (AFM) that will allow operation only under day visual flight rules (VFR) and allow only a VFR flight plan. This AD also requires you to test the pitot/AOA probes for heater performance and replace the pitot/AOA probe if it fails the heater performance test. This AD results from several reports of airspeed disagree caution indication due to blockage from freezing condensation within the pitot/ AOA system. We are issuing this AD to detect and correct improperly performing pitot/AOA probe heaters, which could result in blockage within the pitot/AOA system from condensation freezing with consequent incorrect indication of impact air pressure (airspeed/AOA). This blockage could lead to the stall warning becoming unreliable and the stick pusher, overspeed warning, autopilot, and yaw damper to malfunction.

This action establishes a low altitude Area Navigation (RNAV) route, designated T-276. The NPRM incorrectly indicated the route location in Southwest Oregon, however the route is in Southwest Washington. T-routes are low altitude Air Traffic Service (ATS) routes, based on RNAV, for use by aircraft having instrument flight rules (IFR) approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The FAA is taking this action to reduce controller workload, enhance safety and improve the efficient use of the navigable airspace into and through the Portland, Oregon, terminal area.

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:

This notice announces a public meeting of the FAA's Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues.

This document makes a correction to Airworthiness Directive (AD) 2008-16-18. That AD applies to Rolls-Royce (RR) RB211-524 series turbofan engines with certain high pressure (HP) turbine disks installed. That AD was published in the Federal Register on August 11, 2008 (73 FR 46550). Paragraph (c) in the regulatory section is incorrect. This document corrects that paragraph. In all other respects, the original document remains the same.