Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65493

• FRAC Process, including the 

establishment of key dates for DO–

272A/ED99A and DO–276A/ED–

98A. 

• December 7: 

• Continue Subgroup 5: 

• Update to SC–193/WG–44. 

• December 8: 

• Continue in Subgroup 5: 

• Update to SC–193/WG–44. 

• December 9: 

• Joint meeting with ARINC SAI 

Committee for discussions on 

proposed ARINC standard for 

airborne mapping database formats. 

Chair of ARINC SAI committee is 

Paul Prizansnuk. 

• Update to SC–193/WG–44 

Documents. 

• December 10: 

• Closing plenary session (summary 

of subgroup 5, assign tasks, other 

business, date and place of next 

meeting, adjourn).

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time.

Issued in Washington, DC, on November 3, 

2004. 

Natalie Olgetree, 

FAA General Engineer, RTCA Advisory 

Committee.

[FR Doc. 04–25134 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

RTCA Special Committee 147: 

Minimum Operational Performance 

Standards for Traffic Alert and 

Collision Avoidance Systems Airborne 

Equipment

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of RTCA Special 

Committee 147 meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 147: 

Minimum Operational Performance 

Standards for Traffic Alert and Collision 

Avoidance Systems Airborne 

Equipment.

DATES: The meeting will be held 

December 7–9, 2004 starting at 9 a.m.

ADDRESSES: The meeting will be held at 

Embassy Suites, 2577 West Greenway 

Road, Phoenix, AZ 85023.

FOR FURTHER INFORMATION CONTACT:

RTCA Secretariat, 1828 L St., NW., 

Washington, DC 20036; telephone (202) 

833–9339; fax (202) 833–9434; Web site 

http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92–

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

147 meeting. The agenda will include: 

• December 7:

—Operations, Requirements and 

Surveillance Working Group Meetings

• December 8:

—Operations, Requirements and 

Surveillance Working Group Meetings 

continued

• December 9:

—Opening Session (Welcome and 

Introductory Remarks, Review/

Approve Summary of Previous 

Meeting, Review of Open Action 

Items)

—SC–147 Activity Reports

—Operations Working Group

—Requirement Working Group

—Surveillance Working Group

• Closing Session (Date and Place of 

Next Meeting, Other Business, Review 

Action Items/Work Program, Adjourn). 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time.

Issued in Washington, DC, on November 3, 

2004. 

Natalie Olgetree, 

FAA General Engineer, RTCA Advisory 

Committee.

[FR Doc. 04–25212 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Docket No. FAA–2004–19612] 

Use of Non-Original Equipment 

Manufacturer’s Components in 

Certified Aviation Obstruction/Antenna 

Lighting Systems

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Notice of policy; request for 

comments. 

SUMMARY: On June 17, 2004, the FAA 

published a notice of policy in the 

Federal Register pertaining to the use of 

replacement components to repair 

certified lighting systems on antenna 

structures. The notice dealt with the 

issue of certified lighting systems 

manufactured by original equipment 

manufacturers (OEMs) that have been 

repaired with replacement components 

manufactured by other manufacturers 

(non-OEMs). Since the publication of 

that notice, the FAA has received 

information from manufacturers of 

certified lighting systems and of 

replacement components. After 

reviewing this information, as well as 

the information that led the agency to 

publish the notice of policy, the FAA 

has determined that further public input 

and further study by the agency are 

necessary to assess (1) the adequacy of 

existing guidance in FAA advisory 

circulars pertaining to obstruction 

lighting, and (2) the need for any 

changes in such guidance. Accordingly, 

the agency is withdrawing its June 17, 

2004, notice of policy. In addition, the 

FAA is announcing an immediate 

interim expansion of the Airport 

Lighting Equipment Certification 

Program (the certification program), 

provided for in Advisory Circular (AC) 

150/5345–53B. Manufacturers of 

obstruction lighting systems may show 

compliance with FAA specifications 

through the certification program. 

Under the certification program, 

manufacturers of obstruction lighting 

systems have their products tested by 

third party certification bodies to 

determine whether those systems meet 

the FAA specifications set forth in 

another advisory circular, AC 150/5345–

43E. The certification program, 

however, does not provide a method for 

certifying replacement components. The 

interim procedure announced here will 

provide a mechanism for certification of 

airport lighting equipment that contains 

replacement parts not produced by the 

original equipment manufacturer while 

the agency reviews its policy in this 

area.

DATES: Comments must be received by 

January 11, 2005. Comments that are 

received after that date will be 

considered only to the extent possible.

ADDRESSES: This notice is available for 

public review in the Dockets Office, 

U.S. Department of Transportation, 

Room Plaza Level (PL) 401, 400 Seventh 

Street, SW., Washington, DC 20590–

0001. The documents have been filed 

under Docket No. FAA–200l–XXXXX. 

65494 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

The Dockets Office is open between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Dockets Office is on the plaza level of 

the Nassif Building at the Department of 

Transportation at the above address.

Also, you may review public dockets 

on the Internet at http://dms.dot.gov.

Comments on the proposed policy must 

be delivered or mailed, in duplicate, to: 

the Docket Management System, U.S. 

Department of Transportation, Room 

Plaza Level 401, 400 Seventh Street, 

SW., Washington, DC 20590–0001. You 

must identify the docket number ‘‘FAA 

Docket No. FAA–200l–XXXXX’’ at the 

beginning of your comments. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

must include a preaddressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–200l–XXXXX.’’ The 

postcard will be date-stamped and 

mailed to the commenter. You may also 

submit comments through the Internet 

to http://dms.gov.

FOR FURTHER INFORMATION CONTACT: Rick 

Marinelli, Manager, Airport Engineering 

Division, AAS–100, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, 

telephone (202) 267–7669.

SUPPLEMENTARY INFORMATION: On June 

17, 2004, the FAA published a notice in 

the Federal Register advising that if 

certain non-OEM replacement 

components were installed in certified 

lighting systems, those systems could 

not longer be considered certified under 

FAA standards. The agency wrote 

further that a tower owner who used a 

non-OEM replacement part in a certified 

lighting system could be liable for 

possible violations of a regulation 

promulgated by the Federal 

Communications Commission, 47 CFR 

1723, requiring that FCC-licensed 

broadcast towers use lighting systems 

that comply with FAA specifications. 

That FCC regulation makes it mandatory 

for FCC-licensed broadcast towers to 

meet the specifications, standards, and 

general requirements stated in FAA AC 

70/7460–1J, Obstruction Marking and 

Lighting, (which has been replaced by 

AC 70/7460–1K) and FAA AC 150/

5345–43E, Specification for Obstruction 

Lighting Equipment. 

AC 150/5345–53B, Airport Lighting 

Equipment Certification Program, 

establishes a certification program that 

applies to numerous types of airport 

lighting equipment, including 

obstruction lighting systems. The 

certification program is designed to 

ensure a high level of aviation safety. 

Under the certification program, third 

party certification bodies (listed in 

Appendix 1 of AC 150/5345–53B) test 

lighting equipment to determine 

whether it complies with the FAA’s 

substantive standards prescribed in AC 

150/5345–43E for all obstruction 

lighting systems. Lighting equipment 

that is certified by third party 

certification bodies is listed in 

Appendix 3 of AC 150/5345–53B. 

In its current form, AC 150/5345–53B 

provides for certification only of entire 

lighting systems, and makes no 

provision for certification of such 

systems’ individual components. Thus, 

AC 150/5345–53B does not provide a 

mechanism for ensuring that a certified 

lighting system in which non-OEM 

replacement components have been 

installed continues to meet the safety 

standards of AC 150/5345–43E. A nonOEM replacement part might perform as 

well as the original components in the 

system, but there is no current way 

under the current certification program 

for the FAA, the FCC, and/or the tower 

operator/owner to know that. Knowing 

the performance of safety equipment is 

the core purpose of certification, and the 

use of non-OEM replacement 

components in certified equipment at 

least has the potential for undermining 

the safety purpose and benefits of the 

certification program. 

The FAA is considering developing a 

permanent procedure that would be 

available for the certification of all 

qualified equipment that will meet FAA 

safety standards. As explained below, 

we are soliciting public comment 

regarding the possible expansion of the 

certified equipment list and 

specifications to include equipment 

with non-OEM replacement parts. 

Request for Comments on Certification 

of Replacement Parts 

The FAA is requesting comment on 

the general scope and procedures for the 

certification of obstruction lighting 

equipment systems containing nonOEM components. Based on the 

comments received, the FAA will 

consider whether to publish specific 

guidance implementing such a change, 

in the form of changes to AC 150/5345–

43E, AC 150/5345–53B and AC 70/

7460–1K. We will publish that specific 

guidance for further comment before 

issuing a final version. 

At this time, the FAA is requesting 

comment on the following general 

questions and issues: 

1. What certification procedure 

should apply to a replacement part that 

is only part of a unit listed in Appendix 

3 of AC 150/5345–53B? 

2. What safety issues should be 

considered in the certification of 

replacement parts (both OEM and nonOEM)? 

3. Should special testing procedures 

apply to replacement parts (such as 

lamp burn in and photometric testing)?

4. How can replacement parts be 

listed in Appendix 3 of AC 150/5345–

53B in a manner that makes clear that 

their use is limited to particular units or 

systems? 

5. What terminology should apply to 

replacement parts to distinguish them 

from the original units now listed in 

Appendix 3 of AC 150/5345–53B? 

6. What provision should be made for 

out-of-production equipment for which 

OEM replacement components are 

unavailable, and for which a new unit 

may not be available for use in 

certifying replacement parts? 

7. What provision should be made for 

stock parts which currently may be 

subject to more stringent requirements 

by the manufacturers of original light 

systems than the specifications of the 

stock parts manufacturers? 

Interim Procedure for Recertification of 

Certified Lighting Equipment With NonOEM Components 

Review of public comments 

responding to this notice and 

development of a change to the airport 

lighting equipment certification 

program to include testing and 

certification of equipment with nonOEM replacement components could 

require a number of months. Because 

the FAA believes that the certification 

program promotes air safety, we have 

decided to provide an interim procedure 

for certification of lighting systems that 

incorporate replacement parts produced 

by non-OEMs. The FAA does not intend 

to establish permanent, specific criteria 

for certification of equipment with nonOEM replacement lighting components 

without first issuing such criteria in 

proposed form and requesting public 

comment. 

While the agency considers a 

permanent change, the FAA will allow 

the following procedure—effective 

immediately—to determine whether 

particular parts can be installed in 

existing certified fixtures and be 

certified. Under the interim process, the 

FAA will consider the substitution of a 

non-OEM parts as equivalent to an 

equipment modification by an original 

equipment manufacturer for the 

purposes of testing for recertification. 

Equipment modification by original 

equipment manufacturers is dealt with 

in paragraph 7, Modifications to 

Equipment, of Appendix 2 of AC 150/

5345–53B. Under that paragraph, 

recertification of the entire lighting 

system is required when an original 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65495

equipment manufacturer modifies the 

system. Applying that paragraph to nonOEM replacement parts, the non-OEM 

supplier may obtain certified 

equipment, substitute its own 

replacement part(s), and submit the 

modified device to a third party 

certification body for testing. Non-OEMs 

seeking interim certification of their 

replacement parts in OEM lighting 

equipment will be required to follow the 

same procedures as OEMs of lighting 

equipment as provided in paragraph 2a 

of AC 150/5345–53B. Also, these nonOEMs will be required to pay for the 

costs of testing their products in OEM 

lighting equipment, just as OEMs, under 

paragraph 2b of that advisory circular 

bear, the costs of testing their 

equipment. The addendum to AC 150/

5345/53B will be modified to include 

equipment certified in this manner with 

specific substitute part(s). Separate tests 

will be required for each combination of 

substitute parts (e.g., a supplier selling 

both a flash tube and a timing circuit 

must have a device certified with each 

part substituted independently, and 

then together). 

As part of this interim procedure, 

non-OEM components will be subject to 

Appendix 2 of AC 150/5345–53B with 

the following exception. Paragraph 7 of 

Appendix 2 of that AC notes that 

‘‘substitution of stock electrical items 

such as resistors, capacitors, transistors, 

etc., which are identical in form, fit, and 

function and which are equal to or 

better in quality and rating is 

permissible.’’ This exemption is not 

extended automatically to non-OEM 

suppliers, as OEM specifications for 

stock items may be more stringent than 

those applied by the manufacturers of 

those items. However, this exemption 

may be granted at the third party 

certification body’s judgment. The 

requirements of Appendix 5, Lamp Life 

Test Procedure, in AC 150–5345–53B, 

will apply to replacement lamps. Upon 

the issuance of any permanent change to 

the certification program, the FAA will 

decide if substitute parts certified under 

this interim program will require further 

testing to retain certified status.

Issued in Washington DC, on November 4, 

2004. 

J.R. White, 

Director of Airport Safety and Standards.

[FR Doc. 04–25209 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration 

Environmental Impact Statement: San 

Bernardino County, CA

AGENCY: Federal Highway 

Administration (FHWA), DOT.

ACTION: Notice of intent.

SUMMARY: The FHWA is republishing 

this notice to advise the public that an 

Environmental Impact Statement (EIS) 

is being prepared for the proposed 

highway project along State Route 18 in 

San Bernardino County, California. It is 

being republished due to the length of 

time since the original Notice of Intent 

(NOI) was published, which was August 

30, 1990 (Federal Register, vol. 55, no. 

169) and project changes.

FOR FURTHER INFORMATION CONTACT: Mr. 

Ce ́sar E. Pe ́rez, Team Leader—South 

Region, Federal Highway 

Administration, 650 Capitol Mall, Suite 

4–100, Sacramento, California 95814, 

Telephone: (916) 498–5065.

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

California Department of 

Transportation, is preparing an EIS for 

the proposed Big Bear Lake Dam Bridge 

Replacement Project on State Route 18 

in San Bernardino County, California. 

The proposed project will facilitate 

completion of the Big Bear Dam 

spillway project, move vehicular traffic 

off the dam structure, and improve the 

geometrics of the approach roadways. 

Existing State Route 18, within the 

project limits (kilo-post miles 71.1/71.9 

[post miles 44.2/44.7]) has curves where 

the posted speed limit is less than 25 

miles per hour. These curves will be 

realigned and the overall roadway 

brought up to current design standards 

within the project limits. This includes 

a wider bridge with three lanes to 

accommodate existing and future travel 

demands within the Big Bear Lake area, 

as well as 10-foot shoulders to 

accommodate nonmotorized travel and 

better facilitate winter snow removal. 

The original NOI proposed four lanes. 

The U.S. Forest Service is a 

cooperating agency. Consultation with 

the U.S. Forest Services has been, and 

will continue to be, undertaken to 

minimize impacts to the surrounding 

San Bernardino National Forest 

associated with the construction of the 

proposed project. 

Alternatives currently under 

consideration are the result of the 1990 

public and agency scoping meetings, as 

well as comments received from 

multiple public information meetings/

open houses held in the Big Bear area. 

These alternatives include: Alternative 

1—No Action; Alternative 4—construct 

new bridge upstream of the existing 

bridge crossing over Big Bear Lake; and 

alternative 5—construct new bridge 

crossing over Bear Creek Canyon 

downstream of the existing bridge. 

Alternatives 2 and 3 were eliminated 

after initial scoping due to a higher level 

of anticipated impacts to properties 

eligible for listing on the National 

Register of Historic Places and a larger 

impact area and subsequent adverse 

impacts to biological and visual 

resources. In addition, Alternative 2 

would have replaced the roadway on 

the existing bridge. Seismic concerns 

and conflicts with operation of the dam 

also supported the decision to eliminate 

replacing the roadway on the existing 

bridge as was identified as an 

alternative in the 1990 NOI. 

Letters describing the proposed action 

and soliciting comments were 

previously sent to appropriate Federal, 

State, and local agencies, and to private 

organizations and citizens who have 

expressed, or are known to have, an 

interest in this proposal. A formal 

agency scoping meeting was held June 

5, 1990, in the City of Big Bear Lake, 

California. A public scoping meeting 

was held July 9, 1990, also in the City 

of Big Bear Lake, California. At the 

request of the Big Bear Kiwanis and Big 

Bear Lions Clubs, the proposed project 

was presented to the clubs in the City 

of Big Bear Lake, California, on May 15, 

1990, and August 16, 1990, respectively. 

On August 8, 1997, in the City of Big 

Bear Lake, California, a public 

participation meeting was held in 

accordance with the Advisory Council 

on Historic Preservation Regulations 

regarding section 106 of the National 

Historic Preservation Act to discuss/

comment on the draft Finding of Effect. 

Public information meetings/open 

houses were held in the City of Big Bear 

Lake, California, on September 30, 1997, 

and May 3, 2001, to keep the public up 

to date and continue with the public 

information program. Finally, public 

agency coordination and update 

meetings were also held on May 2, 2002, 

and August 20, 2003. The public 

information program will continue 

throughout the environmental process. 

To ensure that the full range of issues 

related to this proposed action are 

addressed, and all significant issues are 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to the FHWA at the address 

previously provided in this notice. The 

Draft EIS will be available for public 

and agency review and comment prior