34390 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

MODIFICATION SPECIAL PERMITS—Continued 

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permit thereof 

12283–M ....... .............. Interstate Battery of Alaska Anchorage, AK.49 CFR 173.159(c)(1); 

173.159(c).

Permit to authorize the removal of the wording for 

disposal or remanufacture allowing batteries to be 

shipped to remote villages. 

12296–M ....... .............. Clean Earth Systems, Inc. 

Tampa, FL.

49 CFR 173.12(b)(2)(i) .............. To modify the special permit to authorize an additional mode of transportation. 

13306–M ....... .............. Ecolab, Inc. St. Paul, MN 49 CFR 172.3 12(a); 

173.24a(a)(1); 173.22a.

To renew and modify the special permit to authorize 

a new specially-designed combination packaging 

consisting of two plastic inner receptacles having a 

side closure not oriented in the upward direction 

for use in transporting Organic peroxide, Division 

5.2. 

13736–M ....... .............. ConocoPhillips Anchorage, 

AK.

49 CFR 172.101 Table, Col. 

(9B).

To modify the special permit to authorize an increase 

in the capacity from 350 to 4500 U.S. gallons for 

bulk containers. 

14576–M ....... .............. Structural Composites Industries (SCI) Pomona, 

CA.

49 CFR 173.302a and 

173.304a.

To modify the special permit to authorize an increase 

in the maximum water volume from 250 liters to 

450 liters and to remove the specific requirements 

for minimum water volume of 250 liters. 

13736–M ....... .............. ConocoPhillips Anchorage, 

AK.

49 CFR 172.101 Table, Col. 

(9B).

To modify the special permit to authorize an 

14736–M ....... .............. U.S. Department of Defense Scott Air Force 

Base, IL.

49 CFR 172.101 Table Column 

(9B) and (1OA) and 

§ 173.227.

To reissue the special permit originally issued on an 

emergency basis to authorize transportation in 

commerce of Nitric acid, red fuming in alternative 

packaging. 

14811–M ....... .............. Worthington Cylinders of 

Canada Corp. Tilbury, 

Ontario, Canada.

49 CFR 173.30 1(a)(1), 

173.301(a)(2) and 

173.302a(a)(1).

To reissue the special permit originally issued on an 

emergency basis to authorize the manufacture, 

marking, sale and use of a non-DOT specification 

cylinder conforming with DOT Specification 3AA 

except an alternative flattening test is authorized. 

14821–M ....... .............. Matheson Tri-Gas, Inc. 

Basking Ridge, NJ.

49 CFR 173.40(e) ..................... To reissue the special permit originally issued on an 

emergency basis to authorize transportation in 

commerce of certain manifolded DOT specification 

3A and 3AA cylinders containing a material toxic 

by inhalation in Hazard Zone B. 

[FR Doc. E9–16514 Filed 7–14–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Aviation Rulemaking Advisory 

Committee—New Task 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of new task assignment 

for the Aviation Rulemaking Advisory 

Committee (ARAC). 

SUMMARY: The FAA assigned the 

Aviation Rulemaking Advisory 

Committee (ARAC) a new task to 

develop maintenance requirements for 

aircraft used in commercial air tour 

operations. This is in response to 

National Transportation Safety Board 

(NTSB) recommendations. This notice is 

to inform the public of the new ARAC 

activity and solicit membership to a 

new Commercial Air Tour Maintenance 

(CATM) Working Group to support 

ARAC on this new task. 

FOR FURTHER INFORMATION CONTACT: 

Frank Wiederman, Air Carrier 

Maintenance Branch, AFS–330, Federal 

Aviation Administration, 950 L’Enfant 

Plaza, SW., 5th Floor, Washington, DC 

20024; telephone (202) 385–6443, 

facsimile (202) 385–6474; e-mail 

frank.wiederman@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA established ARAC to 

provide advice and recommendations to 

the FAA Administrator on the FAA’s 

rulemaking activities with respect to 

aviation-related issues. This includes 

obtaining advice and recommendations 

on 14 CFR part 136—Commercial Air 

Tours and National Parks Air Tour 

Management. 

In March 2007, a helicopter, operating 

under part 135 as an air tour flight, 

crashed while trying to land in Hawaii. 

Due to this crash, NTSB, on June 12, 

2008, issued two safety 

recommendations to the FAA that 

identify the need for a maintenance 

quality assurance system and 

maintenance training for commercial air 

tour operations. The two safety 

recommendations are as follows: 

1. A–08–32: Require that all air tour 

operators (14 CFR parts 91 and 135) 

establish and maintain a system for 

continuously analyzing the performance 

and effectiveness of their inspection and 

maintenance program to ensure that all 

maintenance is performed with the 

utmost regard for quality and safety. 

2. A–08–33: Require air tour operators 

to provide formal, model specific 

helicopter maintenance training for 

their mechanics to ensure an adequate 

level of competency. 

FAA’s review of NTSB’s safety 

recommendations further identifies the 

need for a required inspection program 

for all commercial air tour operations. 

Current FAA regulations require that 

air carriers operating under parts 121 

and 135 (with aircraft type certificated 

for a passenger seating configuration, 

excluding any pilot seat, of ten seats or 

more) for the purpose of conducting air 

tours are required to have a 

maintenance quality assurance system, a 

maintenance training program and a 

required inspection program. However, 

similar requirements do not exist for 

aircraft operated under parts 91 and 135 

(with aircraft type certificated for a 

passenger seating configuration, 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34391 

excluding any pilot seat, of 9 or fewer 

seats). This task is intended to address 

these differences. 

The objective of the Commercial Air 

Tour Maintenance (CATM) Working 

Group is to recommend a maintenance 

quality assurance system, a maintenance 

training program and a required 

inspection program for operators and air 

carriers that conduct air tours and 

operate under parts 91 and 135 (with 

aircraft type certificated for a passenger 

seating configuration, excluding any 

pilot seat, of 9 or fewer seats). 

The Task 

ARAC is tasked to develop 

recommendations for a maintenance 

quality assurance system, a maintenance 

training program and a required 

inspection program for operators and air 

carriers that conduct air tours and who 

operate under parts 91 and 135 (aircraft 

type certificated for a passenger seating 

configuration, excluding any pilot seat, 

of 9 or fewer seats). 

ARAC will be supported by the 

CATM Working Group who will: 

1. Review NTSB’s June 12, 2008 letter 

to the FAA to understand the facts and 

analysis of the accident findings that 

lead to issuing safety recommendations 

A–08–32 and A–08–33. The letter is 

found at http://www.ntsb.gov/recs/ 

letters/2008/A08_32_35.pdf. (Note: 

Included in NTSB’s letter are safety 

recommendations A–08–34 and A–08– 

35. These are not part of this ARAC 

tasking.) 

2. Review Advisory Circulars (AC) 

120–79 and 120–16E for available 

guidance on developing and 

implementing a maintenance quality 

assurance system, maintenance training 

program and required inspection 

program. A copy of these ACs are at: 

http://www.airweb.faa.gov/

Regulatory_and_Guidance_Library/

rgAdvisoryCircular.nsf/0/ 

c83d3e4ceb74e1df86256d1600587657/

$FILE/AC120-79.pdf and http://

www.airweb.faa.gov/Regulatory_and_

Guidance_Library/

rgAdvisoryCircular.nsf/0/d505ffc06aecc

27e862574c6005480a2/$FILE/AC%

20120-16E.pdf. 

3. Develop a report containing 

recommendations for rulemaking and 

explain the reason and safety benefits 

for each recommendation and will 

present the findings at the next ARAC 

Executive Committee meeting. 

If a Notice of Proposed Rulemaking 

(NPRM) is published for public 

comment as a result of the 

recommendations from this tasking, the 

FAA may ask ARAC to review the 

comments received and provide a 

recommended response to them. 

Schedule: The tasks must be 

completed no later than 12 months after 

the first working group meeting. 

ARAC Acceptance of Task 

ARAC accepted the task and assigned 

the task to the CATM Working Group. 

The working group serves as staff to 

ARAC and assists in the analysis of 

assigned tasks. ARAC must review and 

approve the working group’s 

recommendations. If ARAC accepts the 

working group’s recommendations, it 

will send them to the FAA. The FAA 

will submit the recommendations it 

receives to the agency’s Rulemaking 

Management Council to address the 

availability of resources and 

prioritization. 

Working Group Activity 

The Commercial Air Tour 

Maintenance (CATM) Working Group 

must comply with the procedures 

adopted by ARAC. As part of the 

procedures, the working group must: 

1. Recommend a work plan for 

completion of the task, including the 

rationale supporting such a plan for 

consideration at the next ARAC 

Executive Committee meeting held 

following publication of this notice. 

2. Give a detailed conceptual 

presentation of the proposed 

recommendations prior to proceeding 

with the work stated in item 3 below. 

3. Draft the appropriate documents 

and required analyses and/or any other 

related materials or documents. 

4. Provide a status report at each 

meeting of the ARAC Executive 

Committee. 

Participation in the Working Group 

The CATM Working Group will be 

composed of technical experts having 

an interest in the assigned task. A 

working group member need not be a 

representative or a member of the full 

committee. 

If you have expertise in the subject 

matter and wish to become a member of 

the working group, write to the person 

listed under the caption FOR FURTHER

INFORMATION CONTACT expressing that 

desire. Describe your interest in the task 

and state the expertise you would bring 

to the working group. We must receive 

all requests by September 14, 2009. The 

Executive Committee and the FAA will 

review the requests and advise you 

whether or not your request is 

approved. 

If you are chosen for membership on 

the working group, you must represent 

your aviation community segment and 

actively participate in the working 

group by attending all meetings, and 

providing written comments when 

requested to do so. You must devote the 

resources necessary to support the 

working group in meeting any assigned 

deadlines. You must keep your 

management chain and those you may 

represent advised of working group 

activities and decisions to ensure the 

proposed technical solutions don’t 

conflict with your sponsoring 

organization’s position when the subject 

is presented to ARAC for approval. 

Once the working group has begun 

deliberations, members will not be 

added or substituted without the 

approval of the FAA and the working 

group chair. 

The Secretary of Transportation 

determined the formation and use of 

ARAC is necessary and in the public 

interest in connection with the 

performance of duties imposed on the 

FAA by law. 

Meetings of ARAC are open to the 

public. Meetings of the CATM Working 

Group will not be open to the public, 

except to the extent individuals with an 

interest and expertise are selected to 

participate. The FAA will make no 

public announcement of working group 

meetings. 

Issued in Washington, DC, on July 10, 

2009. 

Pamela Hamilton-Powell, 

Executive Director, Aviation Rulemaking 

Advisory Committee. 

[FR Doc. E9–16788 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35218] 

Meridian Southern Railway, LLC— 

Construction of Connecting Track 

Exemption—in Lauderdale County, MS 

Meridian Southern Railway, LLC 

(MDS) has filed a verified notice of 

exemption under 49 CFR 1150.36 to 

construct approximately 1,910 feet of 

track in Lauderdale County, MS. The 

track to be constructed will extend from 

the existing MDS track near Interchange 

Road to a yard track (designated 

Number 4 track) in the existing Norfolk 

Southern Railway Company (NS) rail 

yard near NS milepost 3.2 in Meridian, 

MS. The track to be constructed will 

connect MDS to the NS main line, 

whereas MDS currently connects only to 

the Kansas City Southern Railway 

Company main line. The connection 

will be constructed within existing rail 

rights-of-way (owned either by MDS or 

NS) and within an acquired railroad 

easement. 


sroberts on DSKD5P82C1PROD with NOTICES