Department of Transportation November 26, 2008 – Federal Register Recent Federal Regulation Documents

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This proposed AD would require repetitive external surface high frequency eddy current inspections to detect cracks in the radius detail of the upper lobe doubler on both sides of the airplane, and applicable corrective action. This proposed AD results from reports of cracks in the radius detail of the upper lobe doublers. We are proposing this AD to detect and correct cracks in the upper lobe doublers. Such cracks could result in significant degradation of the fuselage structure and reduce its ability to carry flight loads from the vertical stabilizer, which could adversely affect the controllability of the airplane.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain McDonnell Douglas Model DC-10- 10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC- 10-40, and DC-10-40F airplanes. The original NPRM would have revised an existing AD that currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. The original NPRM proposed to revise the applicability to clarify the identity of the affected airplanes. The original NPRM resulted from fuel system reviews conducted by the manufacturer. This new action proposes to revise the applicability to add and remove certain airplanes, and to add a requirement to reposition or replace two bonding straps for certain airplanes. This new action also proposes to supersede, rather than revise, the existing AD. We are proposing this supplemental NPRM to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

The Board corrected an error created in Simplified Standards For Rail Rate Cases, STB Ex Parte No. 646 (Sub-No. 1) (STB served Sept. 5, 2007), by adjusting the revenue shortfall (or overage) to pre-tax dollars to conform with other elements of the Revenue Shortfall Allocation Method.

This document contains a correction to a decision served and published in the Federal Register on July 18, 2008 (73 FR 41401-02). That decision tentatively approved the acquisition of control through purchase of Transportation Management Systems, LLC, f/k/a TMS, Inc. (TMS) and East West Resort Transportation, LLC (EWRT) by Delivery Acquisition, Inc. (Delivery), unless opposing comments were filed by September 2, 2008. No comments were subsequently filed with the Board and the Board's decision approving the proposed acquisition of control thus became effective on September 2, 2008. After the period for filing comments ended, the Board received notification from the applicants in this proceeding that references they had made in the application approved by the Board to operating rights issued by the former Interstate Commerce Commission (ICC) in Docket No. MC-169714 were incorrect, and that the correct number is MC-169174. Accordingly, the July 18 decision is being corrected to reflect the actual docket number of MC-169174, rather than MC-169714.

This notice asks for public comments on DJG's appeal of NHTSA's denial of its petitions for two inconsequential noncompliances with the Federal safety standard for child restraint systems. This notice simply summarizes DJG's appealit does not represent NHTSA's judgment or findings on the appeal. All public comments will be considered along with the information in DJG's appeal and other relevant information as the agency makes its final decision on these petitions for inconsequential noncompliance.

This action amends Class E airspace at Big Spring McMahon- Wrinkle Airport, Big Spring, TX. Changes to the VOR/DME RWY 17 Standard Instrument Approach Procedure (SIAP) have made this action necessary for the safety of Instrument Flight Rule (IFR) operations at the airport.

This action proposes to amend Class E airspace for the Corpus Christi, TX, area. Controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Mustang Beach Airport, Port Aransas, TX; and T.P. McCampbell Airport, Ingleside, TX. Also, Class E airspace around Aransas County Airport, Rockport, TX, and San Jose Island Airport, Rockport, TX, would be incorporated into the Corpus Christi, TX, area Class E airspace. The Rockport, TX, designation is being removed under a separate rulemaking. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations in and around the Corpus Christi, TX, airspace area.

The FAA proposes to adopt a new airworthiness directive (AD) for CFM International S.A. CFM56-2, CFM56-3, CFM56-5A, CFM56-5B, CFM56- 5C, and CFM56-7B series turbofan engines with certain part number (P/N) and serial number (SN) high-pressure compressor (HPC) 4-9 spools installed. This proposed AD would require removing certain HPC 4-9 spools listed by P/N and SN in this proposed AD. This proposed AD results from reports of certain HPC 4-9 spools that Propulsion Technology LLC (PTLLC) improperly repaired and returned to service. We are proposing this AD to prevent cracking of the HPC 4-9 spool, which could result in possible uncontained failure of the spool and damage to the airplane.

These special conditions are issued for the Boeing Model 767- 300 and -300F airplane as modified by Aviation Partners Boeing Supplemental Type Certificate (STC). The modified airplane has novel or unusual design features involving installation of blended winglets and a speedbrake wing-load-alleviation system. This system reduces loading on the wing. The applicable airworthiness regulations for the Boeing Model 767-300 and -300F do not contain adequate or appropriate safety standards for systems which alleviate loads on structures. 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 applicable airworthiness standards.

In this final rule, FRA is establishing procedures to enable railroad carriers to challenge rail routing decisions made by FRA's Associate Administrator for Safety (Associate Administrator) that carry out the requirements adopted in a separate rulemaking of the Pipeline and Hazardous Materials Safety Administration (PHMSA). In PHMSA's final rule published today, railroad carriers are required to take the following actions to enhance the safety and security of certain shipments of explosive, toxic by inhalation (TIH), and radioactive materials: Compile annual data on shipments of these materials; use the data to analyze safety and security risks along rail routes where those materials are transported; assess alternative routing options, including interchanging the traffic with other railroad carriers; seek information from State, local and tribal officials regarding security risks to high-consequence targets along or in proximity to the routes; consider mitigation measures to reduce safety and security risks, and select the practicable routes that pose the least overall safety and security risk. Under PHMSA's final rule, FRA's Associate Administrator may require a railroad carrier to use an alternative route to the route selected by the railroad carrier if the Associate Administrator determines that the carrier's route selection documentation and underlying analysis are deficient and fail to establish that the route chosen by the carrier poses the least overall safety and security risk based on the information available.