[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 73011-73017]
[FR Doc No: 2011-30253]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Actions on Special Permit
Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on Special Permit Applications.

-----------------------------------------------------------------------

SUMMARY: 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 (January to November 2011). The mode

of transportation involved are identified by a number in the ``Nature
of Application'' portion of the table below as follows: 1--Motor
vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--
Passenger-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.

    Issued in Washington, DC, on November 17, 2011.
Donald Burger,
Chief, Special Permits and Approvals Branch.

------------------------------------------------------------------------
                                                      Nature of special
    S.P. No.         Applicant      Regulation(s)      permit thereof
------------------------------------------------------------------------
                   MODIFICATION SPECIAL PERMIT GRANTED
------------------------------------------------------------------------
11924-M.........  Packgen          49 CFR           To modify the
                   Corporation,     173.12(b)(2)(i   special permit to
                   Auburn, ME.      ).               authorize an
                                                     additional non-bulk
                                                     packaging.
11911-M.........  Transfer Flow,   49 CFR 178.700   To modify the
                   Inc., Chico,     thru 178.819.    special permit to
                   CA.                               authorize new part
                                                     numbers; to add
                                                     several new
                                                     refueling systems;
                                                     to add two new fuel
                                                     caps; and to add
                                                     several new fuel
                                                     tanks to the
                                                     special permit.
13997-M.........  Maritime         49 CFR           To reissue the
                   Helicopers,      172.101(9b);     exemption
                   Homer, AK.       172.302(c).      originally issued
                                                     on an emergency
                                                     basis for the
                                                     transportation of a
                                                     Division 2.1
                                                     material in DOT
                                                     Specification 51
                                                     portable tanks that
                                                     exceed the
                                                     quantities
                                                     limitation by cargo
                                                     aircraft.
13199-M.........  Carrier          49 CFR           To modify the
                   Corporation,     173.302(c);      special permit to
                   Houston, TX.     173.306(e)(1).   authorize a broader
                                                     range for the
                                                     amount of
                                                     refrigerant gas.
7765-M..........  Carleton         49 CFR           To modify the
                   Technologies,    173.302(a)(4);   special permit to
                   Inc., Orchard    175.3.           authorize a new
                   Park, NY.                         pressure vessel for
                                                     use as part of a
                                                     missile gas storage
                                                     system.
10511-M.........  Schlumberger     49 CFR 173.304;  To modify the
                   Technology,      173.310.         special permit to
                   Sugar Land, TX.                   authorize the
                                                     transportation in
                                                     commerce of
                                                     Division 2.2
                                                     Corporation gases
                                                     in non
                                                     specification
                                                     packaging.
15118-M.........  Mystery Creek    49 CFR 172.101   To reissue the
                   Resources        Column (9B).     special permit
                   Inc., McGrath,                    originally issued
                   AK.                               as an emergency as
                                                     a permanent special
                                                     permit.
10698-M.........  Worthington      49 CFR           To modify the
                   Cylinders,       173.304(a)(2);   special permit to
                   Chilton, WI.     178.50.          authorize
                                                     additional Division
                                                     2.2 materials.
14157-M.........  Worthington      49 CFR 173.302a  To modify the
                   Cylinders of                      special permit to
                   Canada,                           change the test
                   Tilbury,                          criteria for Hot-
                   Ontario.                          Dip Galvanized
                                                     cylinders from the
                                                     ratio rejection in
                                                     Sec.   180.209 to
                                                     elastic expansion
                                                     of the REE marked
                                                     on the cylinder.
9758-M..........  Coleman          49 CFR           To modify the
                   Company, Inc.,   173.304(d)(3)(   special permit to
                   The, Wichita,    ii); 178.33.     authorize the
                   KS.                               transportation in
                                                     commerce of an
                                                     additional Division
                                                     2.1 material.
12332-M.........  Toyota Motor     49 CFR 173.166   To modify the
                   Sales, U.S.A.,   (c) and (e).     special permit to
                   Inc.,                             add cargo vessel as
                   Torrance, CA.                     an authorized mode
                                                     of transportation
                                                     and to allow
                                                     consolidation of
                                                     recycling parts
                                                     from U.S.
                                                     territories to be
                                                     transported with
                                                     recycling parts
                                                     from the
                                                     continental U.S.
15092-M.........  Tatonduk         49 CFR Sec.      To modify the
                   Outfitters       173.302(f)       special permit to
                   Limited dba      (3)(4), and      bring it in line
                   Everts Air       (5), Sec.        with all the other
                   Alaska,          173.304(f)       Alaska air carrier
                   Fairbanks, AK.   (3), (4), (5),   special permits.
                                    and Sec.
                                    172.301(c).
14574-M.........  KMG Electronic   49 CFR           To modify the
                   Chemicals,       180.407(c),      special permit to
                   Houston, TX.     (e) and (f).     authorize the
                                                     addition of
                                                     additional Class 8
                                                     hazardous materials
                                                     and to add 16 new
                                                     cargo tanks.
12247-M.........  Weldship         49 CFR 172.301,  To modify the
                   Corporation,     173.302a(b)(2)   special permit to
                   Bethlehem, PA.   , (b)(3) and     authorize
                                    (b)(4);          ultrasonic testing
                                    180.205(c) and   of DOT-SP 9001,
                                    (g) and          9370, 9421, 9706,
                                    180.209(a).      9791, 9909, 10047,
                                                     10869, and 11692
                                                     cylinders.
10704-M.........  Spray Products   49 CFR           To modify the
                   Corporation,     173.302(a);      special permit to
                   Plymouth         Part 172,        authorize
                   Meeting, PA.     Subpart C, E     additional end uses
                                    and F; Part      of the product.
                                    172; Part 174;
                                    Part 177.
15250-M.........  DOE/National     49 CFR           To reissue the
                   Nuclear          173.56(b)(3)(i   special permit
                   Security         ).               originally issued
                   Administration                    on an emergency
                   , Albuquerque,                    basis for the
                   NM.                               transportation in
                                                     commerce of certain
                                                     explosives that are
                                                     tested to a
                                                     revision of the
                                                     Department of
                                                     Defense Ammunition
                                                     and Explosive
                                                     Hazard
                                                     Classification
                                                     Procedures TB 700-2
                                                     that has not been
                                                     incorporated by
                                                     reference.
15097-M.........  US Consumer      49 CFR 173.56..  To reissue the
                   Product Safety                    special permit
                   Commission,                       originally issued
                   Denver, CO.                       on an emergency
                                                     basis for the
                                                     transportation of
                                                     unapproved
                                                     fireworks to the
                                                     CPSC laboratory in
                                                     Gaithersburg, MD
                                                     for testing.
14924-M.........  Explosive        49 CFR           To modify the
                   Service          176.144(e),      special permit to
                   International    176.145(b),      authorize the
                   Ltd., Baton      176.137(b)(7),   transportation in
                   Rouge, LA.       176.63(e),       commerce of certain
                                    176.83 and       Division 1.1D and
                                    176.138(b).      1.4B explosives by
                                                     vessel in an
                                                     alternative stowage
                                                     configuration.
10597-M.........  Thermo King      49 CFR           To modify the
                   Corporation,     177.834(l)(2)(   special permit to
                   Minneapolis,     i).              authorize a new
                   MN.                               series of heaters
                                                     containing Class 3
                                                     liquids and/or
                                                     Division 2.1 gases.

12092-M.........  KMR Industries,  49 CFR           To modify the
                   LLC, Columbia,   173.34(e).       special permit to
                   MD.                               authorize
                                                     additional modes of
                                                     transportation
                                                     (rail and cargo
                                                     vessel.)
------------------------------------------------------------------------
                       NEW SPECIAL PERMIT GRANTED
------------------------------------------------------------------------
15279-N.........  University Of    49 CFR Parts     To authorize the
                   Colorado at      171-180.         transportation in
                   Boulder,                          commerce of
                   Boulder, CO.                      Division 6.2
                                                     materials without
                                                     being subject to
                                                     the Hazardous
                                                     Materials
                                                     Regulations when
                                                     transported for
                                                     short distances by
                                                     motor vehicle (less
                                                     than 2 miles).
                                                     (mode 1)
15304-N.........  Hillsboro        49 CFR 172.101,  To authorize the
                   Aviation,        Column (9B),     transportation in
                   Hillsboro, OR.   172.204(c)(3),   commerce of certain
                                    173.27(b)(2),    hazardous materials
                                    175.30(a)(1),    by external load on
                                    172.200,         helicopters in
                                    172.300, and     remote areas of the
                                    172.400.         U.S. without being
                                                     subject to hazard
                                                     communication
                                                     requirements and
                                                     quantity
                                                     limitations where
                                                     no other means of
                                                     transportation is
                                                     available. (mode 4)
15284-N.........  Solvay           49 CFR           To authorize the
                   Fluorides, LLC   179.15(a),       transportation in
                   Houston, TX.     173.31(e)(2)(i   commerce of
                                    i) and           anhydrous hydrogen
                                    173.244(a)(2).   fluoride in a DOT
                                                     112S5001 car with a
                                                     minimum shell
                                                     thickness of
                                                     1.263
                                                     and full height
                                                     headshields. (mode
                                                     2)
15335-N.........  Seastar          49 CFR           To authorize the
                   Chemicals        173.158(f)(3).   transportation in
                   Inc., Sidney,                     commerce of nitric
                   BC.                               acid up to 70%
                                                     concentration in an
                                                     alternative
                                                     packaging
                                                     configuration.
                                                     (modes 1, 2, 3)
15343-N.........  Bush Air Cargo   49 CFR 173.241   To authorize the
                   Inc.,            and 173.242.     transportation in
                   Anchorage, AK.                    commerce of Class 3
                                                     liquid fuels in non-
                                                     DOT specification
                                                     collapsible, rubber
                                                     containers up to
                                                     500 gallon capacity
                                                     by cargo aircraft
                                                     within and to only
                                                     remote Alaska
                                                     locations. (mode 4)
15351-N.........  Cooper-Atkins    49 CFR 173.4a..  To authorize certain
                   Corporation,                      Division 2.1 and
                   Middlefield,                      2.2 materials to be
                   CT.                               transported as
                                                     excepted
                                                     quantities. (modes
                                                     3, 5)
15370-N.........  Tatonduk         49 CFR 172.101,  To authorize the
                   Outfitters       Sec.             transportation in
                   Limited,         172.301(c),      commerce of certain
                   Fairbanks, AK.   Sec.             Class 1 explosive
                                    172.62(c),       materials which are
                                    172.101 Column   forbidden for
                                    (9B).            transportation by
                                                     air, to be
                                                     transported by
                                                     cargo aircraft
                                                     within the State of
                                                     Alaska when other
                                                     means of
                                                     transportation are
                                                     impracticable or
                                                     not available.
                                                     (mode 4)
15364-N.........  Winco Fireworks  49 CFR 172.302   To authorize the
                   International,   and 173.60-      transportation in
                   LLC, Lone        173.62.          commerce of
                   Jack, MO.                         Fireworks 1.4G,
                                                     UNO336 in
                                                     alternative
                                                     packaging by motor
                                                     vehicle. (mode 1)
15368-N.........  Shannon &        49 CFR 173.4     To authorize the
                   Wilson Inc.,     and 173.4a.      transportation in
                   Fairbanks, AK.                    commerce of
                                                     methanol mixtures
                                                     as small quantities
                                                     when the amount of
                                                     material exceeds 30
                                                     ml. (modes 1, 4, 5,
                                                     6)
15388-N.........  Alpine Air       49 CFR 172.101   To authorize the
                   Alaska, Inc.,    Column (9B),     transportation in
                   Girdwood, AK.    172.204(c)(3),   commerce of certain
                                    173.27(b)(2),    hazardous materials
                                    175.30(a)(1),    by cargo aircraft
                                    172.200,         in remote areas of
                                    172.300 and      the U.S. without
                                    172.400.         being subject to
                                                     hazard
                                                     communication
                                                     requirements and
                                                     quantity
                                                     limitations where
                                                     no other means of
                                                     transportation is
                                                     available. (mode 4)
15372-N.........  Takata de        49 CFR           To authorize the
                   Mexico, S.A.     173.301(a),      manufacture,
                   de C.V. Ciudad   173.302(a),      marking, sale and
                   Frontera.        178.65(f)(2).    use of non-DOT
                                                     specification
                                                     pressure vessels
                                                     for use as
                                                     components of
                                                     safety systems.
                                                     (modes 1, 2, 3, 4,
                                                     5)
15392-N.........  Brim Equipment   49 CFR Parts     To authorize the
                   Leasing, Inc.    106, 107, and    transportation in
                   dba Brim         171-180.         commerce of certain
                   Aviation,                         hazardous materials
                   Ashland, OR.                      by cargo aircraft
                                                     including by
                                                     external load in
                                                     remote areas of the
                                                     U.S. without being
                                                     subject to hazard
                                                     communication
                                                     requirements and
                                                     quantity
                                                     limitations where
                                                     no other means of
                                                     transportation is
                                                     available. (mode 4)
15397-N.........  Northern         49 CFR 172.101   To authorize the
                   Pioneer          Column (9B),     transportation in
                   Helicopters,     172.204(c)(3),   commerce of certain
                   LLC, Big Lake,   173.27(b)(2),    hazardous materials
                   AK.              175.30(a)(1),    by cargo aircraft
                                    172.200,         including by
                                    172.300 and      external load in
                                    172.400.         remote areas of
                                                     Alaska without
                                                     being subject to
                                                     hazard
                                                     communication
                                                     requirements and
                                                     quantity
                                                     limitations where
                                                     no other means of
                                                     transportation is
                                                     available. (mode 4)
15425-N.........  National         49 CFR 177.848.  To authorize the
                   Aeronautics &                     transportation in
                   Space                             commerce of certain
                   Administration                    hydrazine fuels on
                   (NASA),                           the same motor
                   Washington, DC.                   vehicle without
                                                     regard to
                                                     segregation
                                                     requirements. (mode
                                                     1)
15428-N.........  Space            49 CFR Part 172  To authorize the
                   Exploration      and 173.         transportation in
                   Technologies                      commerce of certain
                   Corp.,                            hazardous material
                   Hawthorne, CA.                    as part of the
                                                     Dragon space
                                                     capsule without
                                                     requiring shipping
                                                     papers, marking and
                                                     labeling. (mode 1)

15446-N.........  Arkema, Inc.,    49 CFR 172.427.  To authorize the
                   King of                           transportation in
                   Prussia, PA.                      commerce of organic
                                                     peroxides in
                                                     packaging with
                                                     labeling allowed
                                                     prior to changes
                                                     promulgated under
                                                     HM-215I. (mode 1)
15440-N.........  Mountain Air     49 CFR 172.101,  To authorize the
                   Helicopters,     Column (9B),     transportation in
                   Inc., Los        172.204(c)(3),   commerce of certain
                   Lunas, NM.       173.27(b)(2),    hazardous materials
                                    175.30 (a)(1).   by cargo aircraft
                                                     including by
                                                     external load in
                                                     remote areas of the
                                                     U.S. without being
                                                     subject to hazard
                                                     communication
                                                     requirements and
                                                     quantity
                                                     limitations where
                                                     no other means of
                                                     transportation is
                                                     available. (mode 4)
------------------------------------------------------------------------
                    EMERGENCY SPECIAL PERMIT GRANTED
------------------------------------------------------------------------
15192-M.........  Korean Air       49 CFR 172.101   To authorized
                   Lines Co. Ltd.   Column (9B).     transportation of
                   (KAL),                            additional Class 1
                   Arlington, VA.                    materials and a
                                                     Division 4.2 that
                                                     are forbidden for
                                                     transportation by
                                                     cargo only
                                                     aircraft. (mode 4)
15270-M.........  Security         49 CFR           To modify the
                   Signals,         173.56(b)(1).    special permit to
                   Cordova, TN.                      authorize an
                                                     additional three
                                                     months use. (mode
                                                     1)
15365-M.........  Lantis           49 CFR 172.300,  To modify the
                   Productions      172.400 and      special permit to
                   Inc., Draper,    173.56.          remove the quantity
                   UT.                               limitation. (mode
                                                     1)
15455-M.........  United States    49 CFR Parts     To add disaster
                   Environmental    171-180.         areas affected by
                   Protection                        Tropical Storm Lee
                   Agency Region                     (modes 1, 2, 3)
                   II, Edison, NJ.
15462-M.........  United States    49 CFR 173.21..  To authorize the one-
                   Environmental                     time, one-way
                   Protection                        transportation in
                   Agency Region                     commerce of an
                   9, Signal                         additional 19 DOT
                   Hill, CA.                         Specification 3A
                                                     cylinders
                                                     containing an
                                                     experimental gas by
                                                     motor vehicle for
                                                     destruction. (mode
                                                     1)
15462-M.........  United States    49 CFR 173.21..  To authorize the one-
                   Environmental                     time, one-way
                   Protection                        transportation in
                   Agency Region                     commerce of an
                   9, Signal                         additional 19 DOT
                   Hill, CA.                         Specification 3A
                                                     cylinders
                                                     containing an
                                                     experimental gas by
                                                     motor vehicle for
                                                     destruction. (mode
                                                     1)
11077-M.........  U.S. Department  49 CFR           To modify the
                   of Defense,      173.226(b);      special permit by
                   Scott AFB, IL.   173.227(b).      removing one
                                                     Division 6.1
                                                     hazardous materials
                                                     and adding an
                                                     additional Division
                                                     6.1 hazardous
                                                     material. (mode 1)
15462-M.........  United States    49 CFR 173.21..  To authorize the one-
                   Environmental                     time, one-way
                   Protection                        transportation in
                   Agency Region                     commerce of an
                   9, Signal                         additional 19 DOT
                   Hill, CA.                         Specification 3A
                                                     cylinders
                                                     containing an
                                                     experimental gas by
                                                     motor vehicle for
                                                     destruction. (mode
                                                     1)
15277-N.........  Delta Air        49 CFR           To authorize the
                   Lines, Inc.,     173.34(e);       transportation in
                   Atlanta, GA.     173.304(a)(1);   commerce of fire
                                    173.305;         extinguishers to be
                                    173.309; 175.3.  shipped with an
                                                     alternative proper
                                                     shipping name as
                                                     specified in
                                                     several exemptions.
                                                     (modes 1, 2, 4, 5)
15250-N.........  DOE/National     49 CFR           To authorize the
                   Nuclear          173.56(b)(3)(i   transportation in
                   Security         ).               commerce of certain
                   Administration                    explosives that are
                   , Albuquerque,                    tested to a
                   NM.                               revision of the
                                                     Department of
                                                     Defense Ammunition
                                                     and Explosive
                                                     Hazard
                                                     Classification
                                                     Procedures TB 700-2
                                                     that has not been
                                                     incorporated by
                                                     reference. (modes
                                                     1, 4)
15292-N.........  Air Supply       49 CFR 172.101   Authorizes the
                   Alaska, Inc.,    Column (8C),     transportation in
                   Kenai, AK.       173.242, and     commerce of certain
                                    175.310(c)(1)(   liquid fuels, Class
                                    i) through       3 materials,
                                    175.310(c)(1)(   contained in non-
                                    iii).            DOT specification
                                                     packaging seal
                                                     drums or rollagons
                                                     of up to 500 gallon
                                                     capacity by cargo
                                                     aircraft to remote
                                                     locations within
                                                     the state of Alaska
                                                     and Bronson Creek,
                                                     British Columbia,
                                                     Canada. (mode 4)
15326-N.........  Chemtura         49 CFR 178.337-  To authorize the
                   Corporation,     8(a)(3).         transportation of
                   Middlebury, CT.                   certain hazardous
                                                     materials in DOT
                                                     Specification 331
                                                     cargo tank motor
                                                     vehicles that are
                                                     not equipped with
                                                     remote self-closing
                                                     internal stop
                                                     valves. (mode 1)
15330-N.........  Lynden Air       49 CFR 172.101,  This special permit
                   Cargo LLC,       Sec.             authorizes the
                   Anchorage, AK.   172.301(c),      transportation in
                                    Sec.             commerce of certain
                                    172.62(c).       Class 1 explosive
                                                     materials which are
                                                     forbidden for
                                                     transportation by
                                                     air, to be
                                                     transported by
                                                     cargo aircraft
                                                     within the State of
                                                     Alaska when other
                                                     means of
                                                     transportation are
                                                     impracticable or
                                                     not available.
15324-N.........  Bristow Alaska   49 CFR Sec.      This special permit
                   Inc. (Former     172.101 Column   authorizes the
                   Grantee: Air     (8C); Sec.       transportation in
                   Logistics of     173.242 and      commerce of certain
                   Alaska, Inc.),   Sec.             liquid fuels, Class
                   Fairbanks, AK.   175.310(c)(1)(   3 materials,
                                    i) through       contained in non-
                                    Sec.             DOT specification
                                    175.310(c)(1)(   packaging seal
                                    iii).            drums or rollagons
                                                     of up to 500 gallon
                                                     capacity by cargo
                                                     aircraft to remote
                                                     locations only
                                                     within the state of
                                                     Alaska. (mode 4)
15347-N.........  Raytheon         49 CFR 173.301,  To authorize the
                   Missile          173.302 and      transportation in
                   Systems          173.306.         commerce of helium
                   Company,                          in non-DOT
                   Tucson, AZ.                       specification
                                                     packaging
                                                     (cryoengines and
                                                     assemblies of
                                                     Maverick Missiles,
                                                     Guidance Control
                                                     Sections and
                                                     Training Guidance
                                                     Missiles containing
                                                     cryoengines).
                                                     (modes 1, 3, 5)

15357-N.........  Pacific Airways  49 CFR 172.101   To authorize the
                   Inc.,            Column (9b),     transportation in
                   Ketchikan, AK.   172.301(c),      commerce of certain
                                    172.62(c).       Class 1 explosive
                                                     materials which are
                                                     forbidden for
                                                     transportation by
                                                     air, to be
                                                     transported by
                                                     cargo aircraft
                                                     within and around
                                                     the State of Alaska
                                                     when other means of
                                                     transportation are
                                                     impracticable or
                                                     not available.
                                                     (mode 4)
15355-N.........  BST              49 CFR           To authorize the one-
                   Manufacturing,   173.56(a) and    time, one-way
                   Minden, LA.      173.62(b).       transportation in
                                                     commerce of an
                                                     unapproved
                                                     explosive in 5
                                                     gallon plastic
                                                     pails by motor
                                                     vehicle for
                                                     disposal. (mode 1)
15380-N.........  US DOT (PHMSA)   49 CFR 173.56..  To authorize the one-
                   Field                             way transportation
                   Operations,                       in commerce of
                   Washington, DC.                   unapproved
                                                     fireworks for
                                                     testing. (mode 1)
15378-N.........  Ameriflight,     49 CFR           To authorize the
                   Inc., Burbank,   172.203(a),      carriage of
                   CA.              the 200 TI per   radioactive
                                    cargo aircraft   materials aboard
                                    limitation in    cargo aircraft
                                    Sec.             only, under any
                                    175.700(b)(2)(   combination of the
                                    ii), and the     following
                                    separation       conditions: when
                                    distance         the combined
                                    requirements     transport index
                                    of Sec.          exceeds the
                                    175.702(6),      authorized limit of
                                    except as        200 per aircraft
                                    specified        (as specified in
                                    herein.          Sec.
                                                     175.700(b)(2)(ii)),
                                                     or the separation
                                                     distance criteria
                                                     of Sec.
                                                     175.702(b) cannot
                                                     be met. (mode 4)
15365-N.........  Lantis           49 CFR 172.300,  To authorize the one-
                   Productions      172.400 and      time, one-way
                   Inc., Draper,    173.56.          transportation in
                   UT.                               commerce of 10845
                                                     kg of unapproved
                                                     fireworks from
                                                     Carson, CA to the
                                                     Lantis Fireworks &
                                                     Lasers facility in
                                                     Fairfield, UT for
                                                     destruction by
                                                     motor vehicle.
                                                     (mode 1)
15389-N.........  AMETEK Ameron    49 CFR           To authorize the
                   LLC d/b/a MASS   173.301(a)(1),   manufacture,
                   Systems,         173.301(a)(1),   marking, sale and
                   Baldwin Park,    173.302a(a)(1)   use of non-DOT
                   CA.              , and            specification high
                                    173.304a(a)(1).  pressure
                                                     longitudinal welded
                                                     and drawn cylinder
                                                     for transportation
                                                     of compressed
                                                     oxygen, flammable
                                                     or non-flammable
                                                     gases. (modes 1, 2,
                                                     3, 4, 5)
15420-N.........  USA Jet          49 CFR           To authorize the
                   Airlines,        172.203(a),      carriage of
                   Inc.,            the 200 TI per   radioactive
                   Belleville, MI.  cargo aircraft   materials aboard
                                    limitation in    cargo aircraft
                                    Sec.             only, under any
                                    175.700(b)(2)(   combination of the
                                    ii), and the     following
                                    separation       conditions: when
                                    distance         the combined
                                    requirements     transport index
                                    of Sec.          exceeds the
                                    175.702(a)(2)(   authorized limit of
                                    ii), except as   200 per aircraft
                                    specified        (as specified in
                                    herein.          Sec.
                                                     175.700(b)(2)(ii)),
                                                     or the separation
                                                     distance criteria
                                                     of Sec.
                                                     175.702(a)(2)(ii)
                                                     cannot be met.
                                                     (mode 4)
15431-N.........  Praxair, Inc.,   49 CFR           To authorize the
                   Danbury, CT.     171.23(a) and    transportation in
                                    173.304(d).      commerce of 23 non-
                                                     DOT specification
                                                     cylinders
                                                     containing a
                                                     residue of
                                                     Phosphine for
                                                     export to Canada.
                                                     (mode 1)
15430-N.........  Lockheed Martin  49 CFR           To authorize the
                   Missiles and     178.503(a)(6).   transportation in
                   Fire Control,                     commerce of
                   Orlando, FL.                      approximately 742
                                                     packages containing
                                                     a Class 1 hazardous
                                                     material that may
                                                     be mismarked
                                                     regarding the year
                                                     of manufacture.
                                                     (mode 1)
15394-N.........  INVISTA Sarl,    49 CFR           To authorize the
                   Charlotte, NC.   173.32(0)(5).    transportation in
                                                     commerce of a
                                                     portable tank that
                                                     is not filled to
                                                     80% capacity for 10
                                                     miles by motor
                                                     vehicle so that the
                                                     hazardous materials
                                                     can be repackaged.
                                                     (mode 1)
15424-N.........  Antonov          49 CFR Sec.      This emergency
                   Company, t/a     172.101 Column   special permit
                   Antonov          (9B),            authorizes the one-
                   Airlines,        172.204(c)(3),   time transportation
                   Kiev, NH.        173.27, and      in commerce of
                                    175.30(a)(1).    certain cartridges
                                                     for weapons, inert
                                                     projectile that are
                                                     forbidden for
                                                     transportation by
                                                     cargo only
                                                     aircraft.
15408-N.........  Bald Mountain    49 CFR 172.101   To authorize the
                   Air Service      Column (8C);     transportation in
                   Inc., Homer,     Sec.             commerce of certain
                   AK.              173.241; Sec.    liquid fuels, Class
                                     173.242 and     3 materials,
                                    Sec.             contained in non-
                                    175.320(a) in    DOT specification
                                    that non-DOT     packaging seal
                                    specification    drums or rollagons
                                    packaging is     of up to 500 gallon
                                    not              capacity by cargo
                                    authorized,      aircraft to remote
                                    except as        locations within
                                    specified        the state of Alaska
                                    herein.          and Bronson Creek,
                                                     British Columbia,
                                                     Canada. (mode 4)
15455-N.........  United States    49 CFR Parts     To authorize the
                   Environmental    171-180.         emergency
                   Protection                        transportation of
                   Agency Region                     hazardous materials
                   II, Edison, NJ.                   in support of the
                                                     recovery and relief
                                                     efforts to, from
                                                     and within the
                                                     Hurricane Irene
                                                     disaster areas of
                                                     New York and New
                                                     Jersey under
                                                     conditions that may
                                                     not meet the
                                                     Hazardous Materials
                                                     Regulations. (modes
                                                     1, 2, 3)
15462-N.........  United States    49 CFR 173.21..  To authorize the one-
                   Environmental                     time, one-way
                   Protection                        transportation in
                   Agency Region                     commerce of three
                   9, Signal                         DOT Specification
                   Hill, CA.                         3A cylinders
                                                     containing an
                                                     experimental gas by
                                                     motor vehicle for
                                                     destruction. (mode
                                                     1)
15450-N.........  Wal-Mart         49 CFR part      To authorize the one-
                   Stores, Inc.,    172, part 173    time, one-way
                   Bentonville,     and part 177.    transportation in
                   AR.                               commerce of certain
                                                     hazardous materials
                                                     from damaged or
                                                     stucturally-
                                                     impaired retail
                                                     stores impacted by
                                                     Hurricane Irene to
                                                     a temporary
                                                     warehousing
                                                     facility for
                                                     approximately 10
                                                     miles by motor
                                                     vehicle. (mode 1)

15459-N.........  Antonov          49 CFR Sec.      To authorize the
                   Company, t/a     172.101 Column   emergency
                   Antonov          (9B).            transportation of
                   Airlines,                         hazardous materials
                   Kiev, NH.                         in support of the
                                                     recovery and relief
                                                     efforts to, from
                                                     and within the
                                                     Hurricane Irene
                                                     disaster areas of
                                                     New York and New
                                                     Jersey under
                                                     conditions that may
                                                     not meet the
                                                     Hazardous Materials
                                                     Regulations. (modes
                                                     1, 2, 3)
15441-N.........  Zapata           49 CFR 173.201.  To authorize the
                   Incorporated,                     transportation in
                   Charlotte, NC.                    commerce of a
                                                     slurry mixture as
                                                     Class 3 in
                                                     alternative
                                                     packaging by motor
                                                     vehicle. (mode 1)
15442-N.........  Linde Gas North  49 CFR           To authorize the
                   America LLC,     180.212(a) and   transportation in
                   Murray Hill,     180.212(b)(2).   commerce of
                   NJ.                               hydrogen fluoride,
                                                     anhydrous in a non-
                                                     DOT specification
                                                     cylinder. (modes 1,
                                                     2, 3)
15445-N.........  Jiangxi Lidu     49 CFR 173.52,   To authorize the
                   Fireworks, Co,   49 CFR 173.50.   transportation in
                   Ltd., Jianxain                    commerce of certain
                   County,                           unapproved Division
                   Jiangxi                           1.3G fireworks to a
                   Province.                         storage facility
                                                     for the purpose of
                                                     destruction. (mode
                                                     1)
------------------------------------------------------------------------
                  MODIFICATION SPECIAL PERMIT WITHDRAWN
------------------------------------------------------------------------
14778-M.........  Metalcraft/Sea-  49 CFR           To modify the
                   Fire Marine      173.301(f).      special permit to
                   Inc.,                             authorize the
                   Baltimore, MD.                    transportation in
                                                     commerce of
                                                     additional non-DOT
                                                     specification
                                                     cylinders
                                                     containing a
                                                     Division 2.2
                                                     compressed gas for
                                                     export only.
------------------------------------------------------------------------
                      NEW SPECIAL PERMIT WITHDRAWN
------------------------------------------------------------------------
15282-N.........  Lockheed Martin  49 CFR 172.101   To authorize the
                   Space Systems    Column (9B),     transportation in
                   Company,         173.301(f),      commerce of
                   Denver, CO.      173.302a(a)(1)   anhydrous ammonia
                                    and              in heat pipes.
                                    173.304a(a)(2).  (modes 1, 2, 3, 4)
15276-N.........  Ecotec           49 CFR 173.304a  To authorize the
                   Manufacturing    and 178.33.      manufacture,
                   Inc. d.b.a.                       marking, sale and
                   Yiwu City                         use of a non-
                   Machine                           refillable, non-DOT
                   Factory,                          specification
                   Okeechobee, FL.                   inside metal
                                                     container similar
                                                     to a DOT
                                                     specification 2Q
                                                     for the
                                                     transportation in
                                                     commerce of
                                                     Division 2.2
                                                     compressed gases.
                                                     (mode 1)
15297-N.........  American Eagle   49 CFR 180.209;  To authorize the
                   Airlines,        173.304(a)(1);   transportation in
                   Inc., DFW        173.305;         commerce of fire
                   Airport, TX.     173.309.         extinguishers to be
                                                     shipped with an
                                                     alternative proper
                                                     shipping name.
                                                     (modes 1, 2, 4, 5)
15323-N.........  Kidde-Fenwal     49 CFR 171.23..  To authorize the
                   Inc., Ashland,                    manufacture,
                   MA.                               marking, sale and
                                                     use of non-DOT
                                                     specification
                                                     cylinders meeting
                                                     EN 13322-1,
                                                     containing
                                                     nitrogen, to be
                                                     used in fire
                                                     suppression
                                                     systems. (mode 1)
15402-N.........  Benchmark River  49 CFR 174.67..  Benchmark River and
                   and Rail                          Rail Terminals, LLC
                   Terminals,                        is requesting a
                   LLC,                              Special Permit to
                   Cincinnati, OH.                   allow tank cars,
                                                     containing
                                                     hazardous
                                                     materials, to
                                                     remain standing
                                                     with unloading
                                                     connections
                                                     attached when no
                                                     product is being
                                                     transferred,
                                                     provided that a
                                                     minimal level of
                                                     monitoring is
                                                     maintained with an
                                                     operator/employee
                                                     within the
                                                     vicinity. (mode 2)
15413-N.........  QSA Global,      49 CFR 173.301,  To authorize the one-
                   Inc.,            173.302a.        way transportation
                   Burlington, MA.                   in commerce of non-
                                                     DOT specification
                                                     cylinders
                                                     containing Helium
                                                     from QSA Global in
                                                     Burlington, MA to
                                                     Linde Gas in
                                                     Stewartsville, NJ
                                                     for transfer of gas
                                                     to DOT authorized
                                                     cylinders. (mode 1)
15382-N.........  Lockheed Martin  49 CFR           To authorize the
                   Space Systems    177.834(l)(1).   transportation in
                   Company,                          commerce of certain
                   Sunnyvale, CA.                    Division 1.4
                                                     explosives in a
                                                     motor vehicle
                                                     equipped with a
                                                     cargo heater that
                                                     has not been
                                                     rendered
                                                     inoperable. (mode
                                                     1)
15453-N.........  HRD Aero         49 CFR 173.302a  To authorize the
                   Systems Inc.,    and 173.304a.    transportation in
                   Valencia, CA.                     commerce of certain
                                                     cylinders
                                                     manufactured under
                                                     DOT-SP 7971 which
                                                     contain
                                                     bromochlorodifluoro
                                                     methane and
                                                     nitrogen. (modes 1,
                                                     2, 3, 4, 5)
15434-N.........  Qal-Tek          49 CFR 173.431.  Request for a
                   Associates,                       special permit to
                   Idaho Falls,                      transport expired
                   ID.                               sealed source
                                                     capsules enclosed
                                                     in Portable Nuclear
                                                     density gauges.
                                                     (modes 1, 4)
------------------------------------------------------------------------
                    EMERGENCY SPECIAL PERMIT GRANTED
------------------------------------------------------------------------
15320-N.........  Halliburton      49 CFR 173.401,  To authorize the one-
                   Energy           173.403,         time, one-way
                   Services,        173.410,         transportation in
                   Broussard, LA.   173.412,         commerce of a well
                                    173.41,          logging tool
                                    173.422,         containing
                                    173.465, and     radioactive
                                    173.466.         material (sealed
                                                     source) in
                                                     alternative
                                                     packaging by motor
                                                     vehicle. (mode 1)
15352-N.........  TEM Enterprises  49 CFR           To authorize the
                   dba Xtra         175.10(15).      transportation of
                   Airways,                          wheelchairs or
                   Boise, ID.                        other battery-
                                                     powered mobility
                                                     aids equipped with
                                                     a non-spillable
                                                     battery in checked
                                                     baggage of
                                                     passenger aircraft
                                                     without
                                                     disconnecting the
                                                     batter. (mode 5)

15495-N.........  Dow Corning      49 CFR 180.407.  To authorize the
                   Corp.,                            transportation in
                   Midland, MI.                      commerce of a MC331
                                                     cargo tank motor
                                                     vehicle containing
                                                     hydrogen chloride,
                                                     refrigerated liquid
                                                     that is passed its
                                                     test date. (mode 1)
------------------------------------------------------------------------
                                 DENIED
------------------------------------------------------------------------
12995-M.........  Request by Dow Chemical Company Midland, MI, August
                   10, 2011. To modify the special permit to reduce the
                   sample size from 1 in 2,000 to 1 in 10,000.
11329-M.........  Request by Degesch America, Inc., Weyers Cave, VA, May
                   18, 2011.
15138-N.........  Request by Transportation Systems Solutions, Crystal
                   Lake, IL, April 21, 2011. To authorize the
                   transportation in commerce of certain combustible
                   liquids in bulk packagings that are also marine
                   pollutants in the port area without placards.
15296-N.........  Request by ATK Launch Systems Inc., Brigham City, UT
                   June 14, 2011. To authorize the transportation in
                   commerce of a Division 4.1 material in alternative
                   packaging by motor vehicle.
15314-N.........  Request by Mohawk Electrical Systems, Inc., Milford,
                   DE June 22, 2011. To authorize the transportation in
                   commerce of three (3) Mines, 1.1D in alternative
                   packaging by motor vehicle and cargo vessel.
15411-N.........  Request by Vexxel Composites LLC Brigham City, UT,
                   October 27, 2011. To authorize the manufacturing,
                   mark, sale and use of Carbon and Glass fiber
                   reinforced, Stainless Steel lined composite pressure
                   vessels per DOT-CFFC specification.
15399-N.........  Request by Cheyenne Light Fuel and Power Company,
                   Rapid City, SD, October 19, 2011. To authorize the
                   transportation in commerce of a Type 4 cylinder,
                   resin impregnated, and fully wrapped continuous
                   filament with a non-metallic liner containing
                   methane.
15415-N.........  Request by Vexxel Composites LLC, Brigham City, UT,
                   October 27, 2011. To authorize the manufacture, mark,
                   sale, and use of non-DOT specification fully wrapped
                   carbon-fiber reinforced aluminum lined cylinders per
                   DOT-CFFC for the U.S. Army as a survival egress air
                   support cylinder.
15454-N.........  Request by Hoke, Inc., Spartanburg, SC, September 28,
                   2011. To authorize the re-manufacturing of specific
                   DOT Specification 3BN cylinders by reducing the
                   volume from 4500 cc to 3000 cc.
15409-N.........  Request by Jiangxi Lidu Fireworks, Co, Ltd., Toronto,
                   on August 24, 2011. Re exportation back to China via
                   rail from Chicago to Long Beach and then via vessel
                   to Shanghai, PR China.
15410-N.........  Request by Flashing Thunder Fireworks, Inc., Osage,
                   IA, August 24, 2011. To authorize the transportation
                   in commerce of Division 1.4G fireworks from the
                   customs warehouse in Kentucky approximately 30 miles
                   to a warehouse facility in West Harrison, IN to hold
                   until issues regarding the EX numbers are resolved.
------------------------------------------------------------------------

[FR Doc. 2011-30253 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73494-73496]
[FR Doc No: 2011-30574]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1031; Directorate Identifier 2011-NE-27-AD;
Amendment 39-16871; AD 2011-24-07]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Arriel 2B Turboshaft
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: 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:

    Non-conformities on adjustment of some hydromechanical units
(HMUs) have been reported by a Turbomeca repair centre. The
technical investigations carried out by Turbomeca are showing that
only a limited number of HMUs are potentially affected by this non-
conformity to HMU adjustment.

    Twenty nine HMUs have been identified with the non-conformities. We
are issuing this AD to prevent an uncommanded inflight shutdown, which
could result in an emergency autorotation landing.

DATES: This AD becomes effective December 14, 2011.
    We must receive comments on this AD by December 29, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 14,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

For service information identified in this AD, contact Turbomeca S.A.,
40220 Tarnos, France; phone: 33-05-59-74-40-00, fax: 33-05-59-74-45-15.
You may review copies of the service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
(781) 238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone:<PHONE_NUMBER>) is the same as the
Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0128-E, dated July 6, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Non-conformities on adjustment of some hydromechanical units
(HMUs) have been reported by a Turbomeca repair centre. The
technical investigations carried out by Turbomeca are showing that
only a limited number of HMUs are potentially affected by this non-
conformity to HMU adjustment.

    Twenty nine HMUs have been identified with potential non-
conformities in the proper adjustment of

the metering valve. The exact location of these 29 HMUs is unknown.
This AD requires actions to be done before further flight. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Turbomeca S.A. has issued Alert Mandatory Service Bulletin (SB) No.
A292 73 2841, Version A, dated July 4, 2011, SB No. 292 73 2143, dated
July 24, 2007, and SB No. 292 73 2840, Version A, dated June 28, 2011.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI. The one-time
functional test required by the service bulletin is not a normal engine
run-up test: the one-time functional test involves additional
requirements including mode switching, that are not part of a normal
engine run-up after start.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of France,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with France, EASA has notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because this
AD requires either replacing, or functional testing of the HMU before
further flight. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-1031; Directorate
Identifier 2011-NE-27-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-24-07 Turbomeca S.A.: Amendment 39-16871; Docket No. FAA-2011-
1031; Directorate Identifier 2011-NE-27-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Arriel 2B turboshaft engines
with a hydromechanical unit (HMU) that has a part number (P/N) and
serial number (S/N) listed in Table 1 of this AD installed.

                         Table 1--Affected HMUs
------------------------------------------------------------------------
                 P/Ns                                 S/Ns
------------------------------------------------------------------------
<PHONE_NUMBER>                             1008B
<PHONE_NUMBER>                             1068B
<PHONE_NUMBER>                             1142B
<PHONE_NUMBER>                             1143B
<PHONE_NUMBER>                             1183B
<PHONE_NUMBER>                             1230B
<PHONE_NUMBER>                              272B
<PHONE_NUMBER>                              275B
<PHONE_NUMBER>                              342B
<PHONE_NUMBER>                              363B
<PHONE_NUMBER>                              422B
<PHONE_NUMBER>                              436B
<PHONE_NUMBER>                              499B
<PHONE_NUMBER>                              524B
<PHONE_NUMBER>                              536B
<PHONE_NUMBER>                              560B
<PHONE_NUMBER>                              598B
<PHONE_NUMBER>                              606B
<PHONE_NUMBER>                              647B
<PHONE_NUMBER>                              652B
<PHONE_NUMBER>                              716B
<PHONE_NUMBER>                              749B
<PHONE_NUMBER>                              763B
<PHONE_NUMBER>                              806B

<PHONE_NUMBER>                              830B
<PHONE_NUMBER>                              861B
<PHONE_NUMBER>                              944B
<PHONE_NUMBER>                              967B
<PHONE_NUMBER>                              632B
------------------------------------------------------------------------

Reason

    (d) 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:

    Non-conformities on adjustment of some hydromechanical units
(HMUs) have been reported by a Turbomeca repair centre. The
technical investigations carried out by Turbomeca are showing that
only a limited number of HMUs are potentially affected by this non-
conformity to HMU adjustment.

    Twenty nine HMUs have been identified with potential non-
conformities in the proper adjustment of the metering valve. The
exact location of these 29 HMUs is unknown. We are issuing this AD
to prevent an uncommanded inflight shutdown, which could result in
an emergency autorotation landing.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (f) Before further flight, perform a one-time functional test of
the engine to confirm proper engine operation. This one-time
functional test is not a normal engine run-up test. Use the
instructions in paragraph 2.B.(1)(a) of Turbomeca Alert Mandatory
Service Bulletin No. A292 73 2841, Version A, dated July 4, 2011, to
perform the functional test.
    (1) If the engine fails the functional test, replace the HMU
with an HMU eligible for installation.
    (2) If the engine passes the functional test, do the following:
    (i) Within four months after the effective date of this AD,
install software modification TU143 on the Engine Electronic Control
Unit of the engine. Use paragraph 2.B. of Turbomeca Service Bulletin
No. 292 73 2143, dated July 24, 2007 to do the installation; and
    (ii) Within 12 months after the effective date of this AD,
replace the HMU with an HMU eligible for installation.

Definition

    (g) For the purpose of this AD, an HMU eligible for installation
is defined as one with a serial number not listed in Table 1 of this
AD, or, an HMU that passed when tested using Turbomeca Service
Bulletin No. 292 73 2840.

FAA AD Differences

    (h) None.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Engine Certification Office, FAA, may approve
AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make
your request.

Related Information

    (j) Refer to MCAI Airworthiness Directive 2011-0128-E, dated
July 6, 2011, for related information.
    (k) Contact Mark Riley, Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
(781) 238-7199, email<EMAIL_ADDRESS>for more information
about this AD.

Material Incorporated by Reference

    (l) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information on the date specified:
    (1) Turbomeca Alert Mandatory Service Bulletin No. A292 73 2841,
Version A, dated July 4, 2011, approved for IBR December 14, 2011.
    (2) Turbomeca Service Bulletin No. 292 73 2143, dated July 24,
2007, approved for IBR December 14, 2011.
    (3) For service information identified in this AD, contact
Turbomeca S.A., 40220 Tarnos, France; phone: 33-05-59-74-40-00, fax:
33-05-59-74-45-15.
    (4) You may review copies of the service information at the FAA,
New England Region, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER> or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts on November 14, 2011.
Peter A. White,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30574 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P


[4910-13]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

Docket No. FAA-2006-25714

Unmanned Aircraft Operations in the National Airspace System

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Notice of policy; opportunity for feedback.

SUMMARY:  This notice clarifies the FAA’s current policy concerning
operations of unmanned aircraft in the National Airspace System.

FOR FURTHER INFORMATION CONTACT:  Kenneth D. Davis, Manager, Unmanned
Aircraft Program Office, Aircraft Certification Service, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
Background

	Simply stated, an unmanned aircraft is a device that is used, or is
intended to be used, for flight in the air with no onboard pilot.  These
devices may be as simple as a remotely controlled model aircraft used
for recreational purposes or as complex as surveillance aircraft flying
over hostile areas in warfare.  They may be controlled either manually
or through an autopilot using a data link to connect the pilot to their
aircraft.  They may perform a variety of public services: surveillance,
collection of air samples to determine levels of pollution, or rescue
and recovery missions in crisis situations.  They range in size from
wingspans of six inches to 246 feet; and can weigh from approximately
four ounces to over 25,600 pounds.  The one thing they have in common is
that their numbers and uses are growing dramatically.  In the United
States alone, approximately 50 companies, universities, and government
organizations are developing and producing some 155 unmanned aircraft
designs.  Regulatory standards need to be developed to enable current
technology for unmanned aircraft to comply with Title 14 Code of Federal
Regulations (CFR).

	The Federal Aviation Administration’s current policy is based on
whether the unmanned aircraft is used as a public aircraft, civil
aircraft or as a model aircraft.

Unmanned Aircraft Systems Operating as Public Aircraft

	The most common public use of unmanned aircraft today in the United
States is by the Department of Defense.  U.S. operations in Iraq,
Afghanistan and elsewhere have fueled a huge increase in unmanned
aircraft demand.  In Iraq alone, more than 700 unmanned aircraft are in
use for surveillance and weapons delivery.

	Other agencies have also found public uses for unmanned aircraft.  For
example, the Customs and Border Protection uses them to patrol along the
US/Mexican border.  In the future, unmanned aircraft could be used to
provide first responder reports of damage due to weather or other
catastrophic causes.

	In response to this growing demand for public use unmanned aircraft
operations, the FAA developed guidance in a Memorandum titled
“Unmanned Aircraft Systems Operations in the U.S. National Airspace
System – Interim Operational Approval Guidance” (UAS Policy 05-01).
In this document, the FAA set out guidance for public use of unmanned
aircraft by defining a process for evaluating applications for
Certificate(s) of Waiver or Authorization (COA’s) for unmanned
aircraft to operate in the National Airspace System.  The concern was
not only that unmanned aircraft operations might interfere with
commercial and general aviation aircraft operations, but that they could
also pose a safety problem for other airborne vehicles, and persons or
property on the ground.  The FAA guidance supports unmanned aircraft
flight activity that can be conducted at an acceptable level of safety.
In order to ensure this level of safety, the operator is required to
establish the Unmanned Aircraft System’s (UAS) airworthiness either
from FAA certification, a DOD airworthiness statement, or by other
approved means.  Applicants also have to demonstrate that a collision
with another aircraft or other airspace user is extremely improbable as
well as complying with appropriate cloud and terrain clearances as
required.   Key to the concept are the roles of pilot-in-command (PIC)
and observer.  The PIC concept is essential to the safe operation of
manned aircraft.  The FAA’s UAS guidance applies this PIC concept to
unmanned aircraft and includes minimum qualifications and currency
requirements.  The PIC is simply the person in control of, and
responsible for, the UAS.  The role of the observer is to observe the
activity of the unmanned aircraft and surrounding airspace, either
through line-of-sight on the ground or in the air by means of a chase
aircraft.  In general, this means the pilot or observer must be, in most
cases, within 1 mile laterally and 3,000 feet vertically of the unmanned
aircraft.  Direct communication between the PIC and the observer must be
maintained at all times.  Unmanned aircraft flight above 18,000 feet
must be conducted under Instrument Flight Rules, on an IFR flight plan,
must obtain ATC clearance, be equipped with at least a Mode C
transponder (preferably Mode S), operating navigation lights and / or
collision avoidance lights and maintain communication between the PIC
and Air Traffic Control (ATC).   Unmanned aircraft flights below 18,000
feet have similar requirements, except that if operators choose to
operate on other than an IFR flight plan, they may be required to
pre-coordinate with ATC.

	The FAA has issued more than 50 COA’s over the past 2 years and
anticipates issuing a record number of COA’s this year.

For more information, Memorandum on UAS Policy (05-01) and other policy
guidance is available at the FAA Website:  http://www.faa.gov/uas.

Unmanned Aircraft Systems Operating as Civil Aircraft

	Just as unmanned aircraft have a variety of uses in the public sector,
their application in commercial or civil use is equally diverse.  This
is a quickly growing and important industry.  Under FAA policy,
operators who wish to fly an unmanned aircraft for civil use must obtain
an FAA airworthiness certificate the same as any other type aircraft.
The FAA is currently only issuing special airworthiness certificates in
the experimental category. Experimental certificates are issued with
accompanying operational limitations (14 CFR § 91.319) that are
appropriate to the applicant’s operation.  The FAA has issued five
experimental certificates for unmanned aircraft systems for the purposes
of research and development, marketing surveys, or crew training.  UAS
issued experimental certificates may not be used for compensation or
hire.

The applicable regulations for an experimental certificate are found in
14 CFR §§21.191, 21.193, and 21.195.  In general, the applicant must
state the intended use for the UAS and provide sufficient information to
satisfy the FAA that the aircraft can be operated safely.  The time or
number of flights must be specified along with a description of the
areas over which the aircraft would operate.  The application must also
include drawings or detailed photographs of the aircraft.   An on-site
review of the system and demonstration of the area of operation may be
required.  Additional information on how to apply for an experimental
airworthiness certificate is available from Richard Posey, AIR-200,
(202) 267-9538; email:   HYPERLINK "mailto:"<EMAIL_ADDRESS>

Recreational/Sport Use of Model Airplanes

  	  In 1981, in recognition of the safety issues raised by the
operation of model aircraft, the FAA published Advisory Circular (AC)
91-57, Model Aircraft Operating Standards for the purpose of providing
guidance to persons interested in flying model aircraft as a hobby or
for recreational use.  This guidance encourages good judgment on the
part of operators so that persons on the ground or other aircraft in
flight will not be endangered.  The AC contains among other things,
guidance for site selection.  Users are advised to avoid noise sensitive
areas such as parks, schools, hospitals, and churches.   Hobbyists are
advised not to fly in the vicinity of spectators until they are
confident that the model aircraft has been flight tested and proven
airworthy.  Model aircraft should be flown below 400 feet above the
surface to avoid other aircraft in flight.   The FAA expects that
hobbyists will operate these recreational model aircraft within visual
line-of-sight.  While the AC 91-57 was developed for model aircraft,
some operators have used the AC as the basis for commercial flight
operations.

Policy Statement

The current FAA policy for UAS operations is that no person may operate
a UAS in the National Airspace System without specific authority.  For
UAS operating as public aircraft the authority is the COA, for UAS
operating as civil aircraft the authority is special airworthiness
certificates, and for model aircraft the authority is AC 91-57.

The FAA recognizes that people and companies other than modelers might
be flying UAS with the mistaken understanding that they are legally
operating under the authority of AC 91-57.  AC 91-57 only applies to
modelers, and thus specifically excludes its use by persons or companies
for business purposes.

The FAA has undertaken a safety review that will examine the feasibility
of creating a different category of unmanned “vehicles” that may be
defined by the operator’s visual line of sight and are also small and
slow enough to adequately mitigate hazards to other aircraft and persons
on the ground.  The end product of this analysis may be a new flight
authorization instrument similar to AC 91-57, but focused on operations
which do not qualify as sport and recreation, but also may not require a
certificate of airworthiness.  They will, however, require compliance
with applicable FAA regulations and guidance developed for this
category.

	Feedback regarding current FAA policy for Unmanned Aircraft Systems can
be submitted at   HYPERLINK "http://www.faa.gov/uas"  www.faa.gov/uas .
(Scroll down to the bottom of the page and find Contact UAPO.  Click
into this link.)

Issued in Washington, DC on February 6, 2007

/s/ Nick Sabatini

Nicholas Sabatini

Associate Administrator for Aviation Safety

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