Department of Transportation October 2012 – Federal Register Recent Federal Regulation Documents

Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of three teleconferences of the Systems Working Group of the Commercial Space Transportation Advisory Committee (COMSTAC). The teleconferences will take place on: Tuesday November 13, 2012, Tuesday December 18, 2012, and Tuesday January 15, 2013. All teleconferences will begin at 1:00 p.m. Eastern Standard Time and will last approximately one hour. Individuals who plan to participate should contact Paul Eckert, Designated Federal Officer (DFO), (the Contact Person listed below) by phone or email for the teleconference call-in number. The purpose of these three teleconferences is to assist the FAA early in its development of regulations to protect occupants of commercial suborbital and orbital spacecraft. In a Federal Register notice dated July 30, 2012, the FAA announced its desire to engage with COMSTAC on a periodic basis, approximately once per month, on specific topics. The three teleconferences announced today are a continuation of the three announced in July. As we noted in the July Federal Register notice, the FAA has not yet targeted a date for proposing regulations to protect the health and safety of crew and space flight participants. However, the FAA believes that the development of sound and appropriate regulations for human space flight can only be achieved with a deliberate, multi-year effort, and that early industry input into this regulatory effort before any formal proposal by the FAA is critical. The topics for the first three teleconferences were: (1) What Level of Safety Should FAA Target? (2) What Should FAA Oversight Look Like? and (3) What Types of Requirements and Associated Guidance Material Should FAA Develop? The topics for three follow-on teleconferences are as follows: (1) Key Terms and Definitions for Commercial Human Space Flight Safety Regulations. We would like to discuss key terms and definitions relevant to commercial human spaceflight regulations, and characterize their potential impacts to the various parties who have a vested interest in the industry. Terms that will be discussed include: a. Abort. b. Contingency. c. Emergency. d. Early Flight Return. e. Landing Site. (2) Aborts and Abort Systems. Abort systems have in the past been an element of many government human space flight systems for the purpose of enhancing occupant safety. We will discuss the following questions from a regulatory perspective: a. Is an abort system a part of fault tolerance? b. Does an abort only apply to the launch/ascent phase, or does it apply to other flight phases as well? c. Should certain types of orbital or suborbital vehicle designs require a launch abort system? d. What should the reliability requirements be for an abort system? e. Is it acceptable to have a different level of care for occupants during an abort? (3) Fault Tolerance, Margin, and Reliability. To allow for industry innovation, the commercial human space flight industry wishes to be free to the maximum extent possible to choose between fault tolerance, design margin, and reliability. We will explore the extent of this desire from a regulatory perspective with the following questions: a. What would be an acceptable rationale at a functional level for a choice of fault tolerance, design margin, or high reliability to protect the safety of spacecraft occupants? b. What is the minimum level of fault tolerance? Is it different for orbital vs. suborbital? c. When is occupant risk high enough to necessitate additional fault tolerance? d. What determines whether fault tolerance is handled at the function level or system level? Interested members of the public may submit relevant written statements for the COMSTAC working group members to consider under the advisory process. Statements may concern the issues and agenda items mentioned above or additional issues that may be relevant for the U.S. commercial space transportation industry. Interested parties wishing to submit written statements should contact Paul Eckert, DFO, (the Contact Person listed below) in writing (mail or email) by November 6, 2012, for the November 13 teleconference, December 11, 2012, for the December 18 teleconference, and January 8, 2013, for the January 15 teleconference. This way the information can be made available to COMSTAC members for their review and consideration before each teleconference. Written statements should be supplied in the following formats: One hard copy with original signature or one electronic copy via email. The FAA may schedule up to 6 more teleconferences in the coming months to allow the U.S. commercial space transportation industry to share views with the FAA on a number of specific topics related to commercial human space flight safety. An agenda will be posted on the FAA Web site at https://www.faa.gov/ go/ast and https://www.faa.gov/about/officeorg/headquartersoffices/ ast/COMSTACworkinggroup/ Individuals who plan to participate and need special assistance should inform the Contact Person listed below in advance of the meeting.

We propose to adopt a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) PT6C-67C turboshaft engines. This proposed AD was prompted by five reported incidents of second stage power turbine (PT) disk damage. This proposed AD would require initial and repetitive borescope inspections to verify the presence of a retaining ring securing the PT baffle located near the second stage PT disk. If the engine fails the inspection, this proposed AD would also require removing the engine from service before further flight. We are proposing this AD to prevent damage to the PT disk which, if undetected, could cause uncontained PT disk failure and loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by a report that erroneous height indication by one radio altimeter with engaged flare and retard mode, in case of go-around, might lead to a temporary loss of airplane longitudinal control. This proposed AD would require revising the airplane flight manual. We are proposing this AD to ensure that the flightcrew applies the appropriate operational procedures in the event of an erroneous indication of the radio altimeter, which could result in temporary loss of airplane longitudinal control.

The Department is correcting a notice of proposed rulemaking (NPRM) published in the Federal Register. In that document, the Department proposed, among other modifications, to change the Uniform Report of DBE Commitments/Awards and Payments form found in our regulations. As this is an information collection covered by the Paperwork Reduction Act (PRA), the Department should have included a discussion of this collection in the ``Paperwork Reduction Act'' section of the NPRM in order to comply with the PRA's procedural requirements. Today, the Department is correcting this omission by including discussion of the Uniform Report collection and providing the public with 60 days from today to comment both on this collection and all other aspects of the NPRM. Thus, the original end of the comment period, November 5, 2012, has been extended until December 24, 2012.

Mazda North American Operations (MNAO),\1\ on behalf of Mazda Motor Corporation of Hiroshima, Japan (Mazda),\2\ has determined that certain Mazda brand motor vehicles manufactured between 2007 and 2012 for sale or lease in Puerto Rico, do not fully comply with paragraph S4.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. MNAO has filed an appropriate report dated June 21, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

This action amends the airspace description for Class D and Class E airspace at Jack Northrop Field/Hawthorne Municipal Airport, Hawthorne, CA. The FAA is taking this action in response to a request from the Southern California Terminal Radar Approach Control to clarify the legal description of the controlled airspace. Some exclusionary language was omitted and the Class E extension was recorded as 1.5 nautical miles and should have been .5 nautical miles. This action enhances the safety and management of aircraft operations for the Hawthorne, CA, area.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318, A319, and A320 series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer, which revealed that certain fuel pumps under certain conditions can create an ignition source in the fuel tank. This proposed AD would require modification of the center tank fuel pump control circuit by installation of ground fault interrupters (GFIs). This proposed AD would also require either replacement of the GFI or deactivation of the associated fuel pump following failure of any post-modification operational test of the GFI. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Lindstrand Hot Air Balloons Ltd female ACME threaded hose connectors, part numbers HS6139 and HS6144, installed on balloons. This proposed 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 insufficient tightness of the threaded hose connector in the assembly area that could result in fuel leakage. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

FMCSA announces its decision to exempt 19 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

This action modifies Class E airspace at Wolf Point, MT. Controlled airspace is necessary to accommodate aircraft using Nondirectional Radio Beacon (NDB) standard instrument approach procedures at L M Clayton Airport, Wolf Point, MT. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

The FAA is issuing this notice to advise the public of the fourth meeting of the RTCA Special Committee 227, Standards of Navigation Performance.

The FAA proposes to rule and invite public comment on the release of land at the Seattle-Tacoma International Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2).

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC225 helicopters with certain epicyclic modules installed. This AD requires inspecting the epicyclic module for the presence of a through-hole upstream of the magnetic plug. This AD is prompted by a report of a missing through-hole between the integrated collector and the magnetic plug, which would prevent the flow of chips from the integrated collector to the magnetic plug. This could result in the chip-detector system failing to detect deterioration of the main rotor mast lift bearing (lift bearing). These actions are intended to detect a missing through-hole and prevent lift bearing failure and subsequent loss of control of the helicopter.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given of the actions on special permits applications in (September to September 2012). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Model A310 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by reports of cracked fuel pump canister hoods located in fuel tanks. This AD requires replacing any cracked hood halves of fuel pump canisters. We are issuing this AD to prevent any detached canister hood fragments/debris from being ingested into the fuel feed system, and becoming a potential source of ignition with consequent fire or explosion.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200, -300, -300F, and -400ER series airplanes. This AD was prompted by a design review following a ground fire incident and reports of flammable fluid leaks from the wing leading edge area onto the engine exhaust area. This AD requires modification of the fluid drain path in the leading edge area of the wing. We are issuing this AD to prevent flammable fluid from leaking onto the engine exhaust nozzle, which could result in a fire.

We are adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model G58 airplanes. This AD was prompted by notification from Hawker Beechcraft Corporation that certain affected aircraft were produced with the incorrect gauge wiring installed. This AD requires replacement of the incorrect gauge wiring with the correct wiring required by type design and the aircraft's circuit protection. We are issuing this AD to correct the unsafe condition on these products.

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.

On October 16, 2012, Tongue River Railroad Company, Inc. (TRRC) filed a revised application with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10901 in Docket No. FD 30186. TRRC intends to construct and operate an approximately 80-mile rail line between Miles City, Montana, and two ending points, one near the site of the previously planned Montco mine near Ashland, Montana, and another at the proposed Otter Creek mine in the Otter Creek area east of Ashland, Montana. Because the construction and operation of this project has the potential to result in significant environmental impacts, the Board's Office of Environmental Analysis (OEA) has determined that the preparation of an Environmental Impact Statement (EIS) is appropriate pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.). The purpose of this Notice of Intent is to notify stakeholdersincluding members of the public; Tribes; federal, state, and local agencies; environmental groups; and potential shippersinterested in or potentially affected by the proposed project of the decision to prepare an EIS. OEA will hold public scoping meetings as part of the NEPA process. Oral and written comments submitted during scoping will assist OEA in defining the range of actions, alternatives, and impacts to be considered in the EIS. To begin the scoping process, OEA has developed a Draft Scope of Study for the EIS for review and comment. Public meeting dates and locations, along with the Draft Scope of Study, are provided below.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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 its decision to exempt 28 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

We propose to adopt a new airworthiness directive (AD) for Bell Model 430 helicopters, which would require replacing certain components of the air data system. This proposed AD is prompted by the discovery of incorrect indicated airspeed when the helicopter was tested to the cold temperature limits (-40 degrees centigrade) required for Category A operations. The proposed actions are intended to correct the published Vne and to correct the indicated airspeed.

This action proposes to modify VHF omnidirectional range (VOR) Federal airway V-595 in Oregon. The FAA is proposing this action to redescribe the route due to the scheduled decommissioning of the Portland, OR, VOR/DME facility which currently serves as an end point for the route.