Department of Transportation July 23, 2012 – Federal Register Recent Federal Regulation Documents

American Honda Motor Co., Inc. (Honda), has determined that certain 2008 and 2009 model year Honda Civic Si model passenger cars when equipped with dealer accessory 18-inch diameter wheels do not fully comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Honda filed an appropriate report dated December 3, 2008, pursuant to 49 CFR part 573 Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Honda has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on May 12, 2009 in the Federal Register (74 FR 22202). No comments were received. To view the petition, and supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https:// www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2009-0084.'' For further information on this decision contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202)366-0645, facsimile (202) 366-5930. Vehicles involved: The exact number of vehicles involved is not known. However, a total of approximately 952 wheels, or 238 complete wheel sets, were sold to Honda dealerships by Honda between July, 2006 and September, 2008. These wheel sets were sold with a replacement tire pressure placard in accordance with FMVSS No. 110, indicating a tire inflation pressure of 250 kPa (36 PSI) for 215/40RZ18 tires having a load capacity rating of 85Y. Noncompliance: Honda explains that the noncompliance occurred because the recommended electronic method of updating the TPMS inflation pressure settings to accommodate proper installation of the subject optional wheel sets incorrectly informed technicians that the adjustments had been completed successfully. The result is that the TPMS inflation pressure warning threshold remains at the standard setting for the original equipment 17-inch wheels of not less than 175 kPa (25 PSI) for the standard recommended tire pressure of 230 kPa (33 PSI). The minimum allowable TPMS threshold for the 18-inch accessory wheels should be 190 kPa (27 PSI), based on the recommended pressure of 250 kPa (36 PSI) as indicated on the replacement tire pressure placard. As a result, the low tire pressure warning telltale required by S4.2(a) will not illuminate at the 27 PSI minimum allowable TPMS threshold necessitated by installation of the dealer accessory wheels and tires.

These special conditions are issued for the Tamarack Aerospace Group's modification to the Cirrus SR22 airplane. This airplane as modified by Tamarack will have a novel or unusual design feature(s) associated with Tamarack Aerospace Group's modification. The design change will install winglets and an Active Technology Load Alleviation system (ATLAS). The addition of the ATLAS mitigates the negative effects of the winglets by effectively aerodynamically turning off the winglet under limit gust and maneuver loads. This is accomplished by measuring the aircraft loading and moving a small aileron-like device called a Tamarack Active Control Surface (TACS). The TACS movement reduces lift at the tip of the wing, resulting in the wing center of pressure moving inboard, thus reducing bending stresses along the wing span. 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 Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by City of Philadelphia under the provisions of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) Part 150 (hereinafter referred to as ``Part 150''). On June 1, 2010, the FAA determined that the noise exposure maps submitted by City of Philadelphia under Part 150 were in compliance with applicable requirements. On July 13, 2012, the FAA approved the Philadelphia International Airport noise compatibility program. Most of the recommendations of the program were approved.

The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 11323-25 for Twin Cities & Western Railroad Company (TCW), a Class III rail carrier, and the Estate of Douglas M. Head (the Estate), a noncarrier, to continue in control of Sisseton Milbank Railroad Company (SMRC) upon SMRC's becoming a Class III rail carrier in a related transaction. That related transaction involves SMRC's acquisition from Sisseton Milbank Railroad, Inc. (SMRR) and SLA Property Management Limited Partnership (SLA) of their interests in, and operation of, approximately 37.1 miles of rail line situated in Grant and Roberts Counties, S.D. (the Line).\1\ Because all the carriers involved are Class III carriers, the continuance-in-control exemption is not subject to labor protective conditions. The Estate currently controls TCW, which, in turn, controls Minnesota Prairie Line, Inc. (MPL), also a Class III rail carrier. After the consummation of the acquisition transaction, SMRC and TCW will connect in or near Milbank, S.D.

We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 (all versions) and BO-105LS A-3 helicopters. This AD requires inspecting the tail rotor pitch link spherical bearing for proper swaging. This AD is prompted by a report of a tail rotor pitch link with a spherical bearing that had migrated out of the bearing bore. The actions specified by this AD are intended to prevent failure of the tail rotor pitch link and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318-112 and -121 airplanes; Model A319-111, -112, -115, - 132, and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-211, -212, -213, and -231 airplanes. This AD was prompted by reports of some fuselage nuts found cracked. This AD requires an inspection to determine if certain fuselage nuts are installed, a detailed inspection for cracking of fuselage nuts having a certain part number, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct fuselage nuts found cracked, which could result in reduced structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for CHI Model 107-II and Kawasaki Model KV107-II and KV107-IIA helicopters. This AD requires, before further flight, replacing certain upper collective pitch control yoke bolts. This AD is prompted by three failures of the affected bolts. These actions are intended to prevent failure of an upper collective pitch control yoke bolt (bolt), excessive vibration, migration of the shafts, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 and -300 series airplanes. This AD was prompted by reports of fatigue cracks in the lap joints, which initiated at scribe lines that were made during production when maskant was removed from the affected skin panels during the chemical milling process. This AD requires repetitive external phased-array ultrasonic inspections to detect cracks of the affected fuselage skin lap splices in Sections 41, 43, and 44, as applicable, and repair if necessary. We are issuing this AD to detect and correct such fatigue cracking, which could grow large and cause sudden decompression and the inability to sustain limit flight and pressure loads.