Today S Brief Includes (June 18-July 1)

COURTHOUSE NEWS SERVICE

Federal Regulation Brief

July 3, 2008

TRANSPORTATION

Today’s Brief Includes (June 18-July 1):

National Transportation Safety Board (NTSB)– No newly published regulations this week

Transportation (DOT) – Includes selected proposed rules and selected notices

TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

Procedures for transportation workplace drug and alcohol testing programs: Procedures for Transportation Workplace Drug and Alcohol Testing Programs, Federal Register, June 25, 2008, Volume 73, Number 123, Rules and Regulations, Page 35961, 49 CFR Part 40, Docket No. OST-2003-15245, RIN 2105-AD55, Final rule.

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(This final rule is effective August 25, 2008.)

SUMMARY: The Department of Transportation (DOT) amends its drug and alcohol testing procedures to change instructions to collectors, laboratories, medical review officers, and employers regarding adulterated, substituted, diluted, and invalid urine specimen results. These changes are intended to create consistency with specimen validity requirements established by the U.S. Department of Health and Human Services (HHS) and to clarify and integrate some measures taken in two of its interim final rules. This final rule makes specimen validity testing mandatory within the regulated transportation industries.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

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FEDERAL AVIATION ADMINISTRATION(FAA)

Airworthiness directives, BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes:Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes, Federal Register,June 19, 2008, Volume 73, Number 119, Rules and Regulations, Page 34847, 14 CFR Part 39, Docket No. FAA-2008-0275, Directorate Identifier 2007-NM-335-AD, Amendment 39-15565, AD 2008-13-02, RIN 2120-AA64, Final rule.

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(This airworthiness directive (AD) is effective July 24, 2008.The Director of the Federal Register approves the incorporation by reference of certain publications listed in this AD as of July 24, 2008.)

PURPOSE:This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Cracks have been found in the propeller blades and propeller hubs, for which ongoing controlling actions issued by the propeller TC [type certificate] holder (McCauley Propeller Systems) have been mandated by FAA Airworthiness Directive (AD) action.

Current FAA ADs related to this subject are 2003-17-10 (which superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13. Cracking of the blade or hub can ultimately lead to blade release with potentially catastrophic consequences. * * *

* * * * *

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Boeing Model 747-400, 747-400D, and 747-400F series airplanes:Airworthiness Directives; Boeing Model 747-400, 747-400D, and 747-400F Series Airplanes, Federal Register,June 19, 2008, Volume 73, Number 119, Rules and Regulations, Page 34844, 14 CFR Part 39, Docket No. FAA-2008-0273, Directorate Identifier 2007-NM-369-AD, Amendment 39-15566, AD 2008-13-03, RIN 2120-AA64, Final rule.

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(This airworthiness directive (AD) is effective July 24, 2008.The Director of the Federal Register approves the incorporation by reference of a certain publication listed in the AD as of July 24, 2008.On October 13, 2006 (71 FR 52999, September 8, 2006), the Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 747-27A2397, Revision 2, dated September 1,

2005.)

PURPOSE: This airworthiness directive (AD) results from additional reports of failure or cracking of the power control module (PCM) manifold in Boeing Model 747-400, 747-400D, and 747-400F series airplanes in the area of the yaw damper cavity endcap at intervals well below the initial inspection threshold of the existing AD. This AD requires actions intended to prevent an uncommanded left rudder hardover in the event of cracking in the yaw damper actuator portion of the upper or lower rudder PCMs, and subsequent failure of the PCM manifold, which could result in increased pilot workload, and possibly causing the plane to go off the runway during landing.

SUMMARY: The Federal Aviation Administration (FAA)supersedes an existing AD that applies to all Boeing Model 747-400, 747-400D, and 747-400F series airplanes. That AD currently requires reviewing airplane maintenance records, doing repetitive inspections for cracking of the yaw damper actuator part of the upper and lower rudder PCMs, replacing the PCMs if necessary, and reporting all airplane maintenance records review and inspection results to the manufacturer. This new AD limits the applicability, reduces the initial inspection threshold and repetitive interval, removes the reporting requirement, and requires installation of a secondary retention device for the yaw damper modulating piston. Installation of the secondary retention device stops the repetitive inspection requirements.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Bombardier Model DHC 8 400 series airplanes: Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes, Federal Register,June 25, 2008, Volume 73, Number 123, Rules and Regulations, Page 35902, 14 CFR Part 39, Docket No. FAA-2008-0360, Directorate Identifier 2007-NM-368-AD, Amendment 39-15570, AD 2008-13-07, RIN 2120-AA64, Final rule.

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(This airworthiness directive (AD) is effective July 30, 2008.The Director of the Federal Register approves the incorporation by reference of a certain publication listed in this AD as of July 30, 2008.)

PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Bombardier Model DHC-8-400 Series airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Several production aircraft have been found with the elevator overload bungees installed in reverse orientation: i.e., larger end outboard rather than inboard. This bungee reversal does not impact normal operation of the elevator, and would not increase the probability of an elevator disconnect. However, if a bungee became disconnected at the inboard side, the corresponding side of the elevator may not center, and this could adversely affect the pitch control of the aircraft.

Loss of elevator pitch control could result in reduced controllability of the airplane.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Cessna Aircraft Company Models 208 and 208B airplanes: Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B Airplanes, Federal Register,June 25, 2008, Volume 73, Number 123, Rules and Regulations, Page 35898, 14 CFR Part 39, Docket No. FAA-2008-0331, Directorate Identifier 2008-CE-009-AD, Amendment 39-15569, AD 2008-13-06, RIN 2120-AA64, Final rule.

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(This airworthiness directive (AD) is effective July 30, 2008. As ofJuly 30, 2008, the Director of the Federal Register approves the incorporation by reference of certain publications listed in this AD.)

PURPOSE: This airworthiness directive (AD) results from chafed wiring found on wire bundles in the left and right wings containing the auto-control wing de-ice system, fuel quantity indication, and low fuel annunciation on the Cessna 208B airplanes. Improper installation of wire bundle supporting hardware can cause chafed wiring in the affected bundles. This AD requires actions intended to detect and correct damaged wiring of the auto-control wing de-ice system, fuel quantity indication, and low fuel annunciation systems. This condition could result in incorrect fuel quantity indications, loss of low fuel quantity annunciations, or loss of the autocontrol wing de-ice system.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires you to inspect the left and right wing wire bundle(s) and repair or replace damaged wire. This AD also requires inspecting the wire bundles for correct attachment to the anchor points and correcting any deficient attachments.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Falcon 7X airplanes:Airworthiness Directives; Dassault Model Falcon 7X Airplanes, Federal Register, June 19, 2008, Volume 73, Number 119, Rules and Regulations, Page 34854, 14 CFR Part 39, Docket No. FAA-2008-0641, Directorate Identifier 2008-NM-105-AD, Amendment 39-15573, AD 2008-13-10, RIN 2120-AA64, Final rule, request for comments.

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(This airworthiness directive (AD) is effective July 7, 2008.The Director of the Federal Register approves the incorporation by reference of a certain publication, listed in the AD as of July 7, 2008. The Federal Aviation Administration must receive any comments on this AD by July 21, 2008.)

PURPOSE:This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Dassault Model Falcon 7X airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Investigation following incidents on the production line has

shown that power feeders inside the Secondary Power Distribution

Boxes (SPDB) may be damaged because of interference with other

internal parts. This condition, if not corrected, may lead to losing

essential feeders. The resulting power shortage may reduce aircraft

operability and affect flight safety margins.

* * * * *

Damaged secondary power distribution boxes could lead to loss of electrical power resulting in depressurization with loss of passenger oxygen supply and uncommanded slat retraction.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Mystere-Falcon 20-C5, 20-D5, and 20-E5 airplanes:Airworthiness Directives; Dassault Model Mystere-Falcon 20-C5, 20-D5, and 20-E5 Airplanes, Federal Register, June 19, 2008, Volume 73, Number 119, Rules and Regulations, Page 34849, 14 CFR Part 39, Docket No. FAA-2008-0296, Directorate Identifier 2007-NM-307-AD, Amendment 39-15567, AD 2008-13-04, RIN 2120-AA64, Final rule.

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PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Dassault Model Mystere-Falcon 20-C5, 20-D5, and 20-E5 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This Airworthiness Directive (AD) is prompted by the discovery on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice flexible hose due to internal ply separation.

Consequences on the aircraft can be insufficient anti-icing not detected by the monitoring system. Ice accretion on the wing might then occur and might jeopardize the aircraft flight performance and safety.

* * * * *

The unsafe condition is undetected excessive ice build-up on the wings, which could interfere with controllability of the airplane

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Mystere Falcon 900 and Falcon 900EX airplanes:Airworthiness Directives; Dassault Model Mystere-Falcon 900 and Falcon 900EX Airplanes, Federal Register,June 19, 2008, Volume 73, Number 119, Rules and Regulations, Page 34851, 14 CFR Part 39, Docket No. FAA-2008-0365, Directorate Identifier 2007-NM-274-AD, Amendment 39-15563, AD 2008-12-19, RIN 2120-AA64, Final rule.

[TEXT][PDF]

(This airworthiness directive is effective July 24, 2008.)

PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA)adopts a new AD for Dassault Model Mystere-Falcon 900 and Falcon 900EX airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This Airworthiness Directive (AD) is issued following the discovery of a potential chafing between the feeder bundle and the right side partition wall separating the cabin from the lavatory at frames 22/23. This chafing may damage the feeder bundle and cause a sustained smoke-generating short-circuit between the feeder and the partition wall made of resistive composite material. Strong smoke and a difficult-to-localize short-circuit may result in a hazardous situation.

The unsafe condition is sustained smoke in the cabin, which may lead to reduced ability of the flightcrew to operate the airplane.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Falcon 2000EX airplanes:Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes, Federal Register,June 18, 2008, Volume 73, Number 118, Rules and Regulations, Page 34613, 14 CFR Part 39, Docket No. FAA-2008-0294, Directorate Identifier 2007-NM-288-AD, Amendment 39-15558, AD 2008-12-14, RIN 2120-AA64, Final rule.

[TEXT][PDF]

(This airworthiness directive (AD) is effective July 23, 2008.The Director of the Federal Register approves the incorporation by reference of certain publications listed in this AD as of July 23, 2008.)

PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Dassault Model Falcon 2000EX airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Analyses of in-service reports revealed that in case of failure of the wings' anti-ice valve, indications of untimely anti-icing with the wings' anti-ice selector on “OFF” or of insufficient anti-icing with the wings' anti-ice selector on “AUTO” might not be properly displayed to the flight crew. It may result, on ground, in potential structural damages due to a leading edge overheat, or in-flight, in an insufficient anti-ice power.

* * * * *

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Falcon 2000EX airplanes and Model Falcon 900EX airplanes:Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes and Model Falcon 900EX Airplanes, Federal Register,June 18, 2008, Volume 73, Number 118, Rules and Regulations, Page 34608, 14 CFR Part 39, Docket No. FAA-2008-0364, Directorate Identifier 2006-NM-281-AD, Amendment 39-15562, AD 2008-12-18, RIN 2120-AA64, Final rule.

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PURPOSE:This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA)adopts a new AD for Dassault Model Falcon 2000EX airplanes and Model Falcon 900EX airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

During a flight test performed on an EASy aircraft, subsequently to an air data probe failure, the crew realized that the Flight path vectors and the Vertical speeds that were displayed on pilot's and co-pilot's PDU (primary display unit) were identically wrong. A review of the EASy architecture reveals that * * * One single ADS (air data system) unflagged air data error may lead to thecomputation and display on both pilot's and co-pilot's display units of unnoticed and misleading flight information.

At take-off or during go-around this situation might considerably reduce flight safety.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Airworthiness directives, Dassault Model Falcon 2000EX and 900EX airplanes:Airworthiness Directives; Dassault Model Falcon 2000EX and 900EX Airplanes, Federal Register,June 18, 2008, Volume 73, Number 118, Rules and Regulations, Page 34624, 14 CFR Part 39, Docket No. FAA-2008-0301, Directorate Identifier 2007-NM-284-AD, Amendment 39-15559, AD 2008-12-15, RIN 2120-AA64, Final rule.

[TEXT][PDF]

PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Dassault Model Falcon 2000EX and 900EX airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

On early FALCON airplanes featuring the EASy cockpit, a new oxygen controller has been installed. An internal review has determined that the passenger oxygen mask boxes do not fit this new controller. In OVERRIDE mode, that is to say, when the internal pressure reducer is by-passed, oxygen (O2) flow is nominal, while in NORMAL mode O2 flow is reduced by half compared to what it should be.

Consequently, in NORMAL mode the minimum mass flow of supplemental O2 for each passenger, as required by Certification Specifications, is no longer met. This could lead to passenger incommodation due to insufficient body oxygenation.

The unsafe condition is incorrectly fitted passenger oxygen mask boxes for the new controllers, which could result in incapacitation of passengers due to insufficient oxygen in the event of rapid depressurization of the airplane when the controller is in NORMAL mode.