11416 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 

cannot freely be found in or through an 

agency’s electronic library. Perhaps this 

would require agencies to pay license fees for 

their use of such standards—and if so, they 

would then have proper bargaining 

incentives to keep those fees low. 

Even should the Director disagree with this 

proposition—erroneously in our view—he 

should then make the level and distribution 

of costs for access to materials incorporated 

by reference a necessary element of the 

determination whether they are reasonably 

available. Since having the Internet 

eliminates any concern about having to print 

excessive materials, protecting copyright 

interests is the only possible rationale for 

permitting incorporation by reference of 

materials members of the public might be 

required to pay to see. The criterion for 

reasonable availability, as § 51.1(c)(1) 

recognizes, is whether incorporation by 

reference ‘‘is intended to benefit both the 

Federal Government and the members of the 

class affected.’’ Without doubt, the 

Government’s interests are served by the 

work of voluntary standards organizations, 

yet the net benefits to the Federal 

Government of permitting incorporation by 

reference have been greatly reduced by 

today’s possibilities for electronic 

publication. Benefit to the members of the 

class affected requires ready accessibility, 

whether by the presence of this material in 

agency electronic reading rooms or its 

accessibility on standards organization Web 

sites. Those benefits are reduced if they must 

be paid for—and high fees, particularly for 

local governments, small businesses and 

concerned citizens that may have a strong 

interest to know the governing law, will 

eliminate them. Any agency today proposing 

to export the costs of learning the law to 

those affected by it should, at the very least, 

be required to demonstrate its efforts to 

contain those costs (especially for small 

businesses, local governments, citizens, etc.) 

as a necessary element of demonstrating 

reasonable availability. 

For your convenience in understanding the 

changes sought by this petition, we set out 

in the pages following 1 CFR part 51 as it 

might appear if they were effected. For 

convenience, added language is italicized, 

and deleted language struck out. It is 

important to understand, however, that we 

are not asking for adoption of this exact 

language. Indeed, the bracketed language in 

§ 51.7(a)(3)(i(C)) is language we would prefer 

not appear in the regulation, but reflects the 

maximum recognition of voluntary standards 

organizations’ authority to charge the public 

for access to incorporated materials we 

would regard as tolerable. What is essential 

is that you now reconsider the antiquated 

provisions of this regulation in light of the 

changes wrought by the Information Age and 

federal statutes and policies building on it. 

As coordinator of this petition, Peter L. 

Strauss avers that each of the persons below 

has authorized him to include their name on 

this petition, with affiliations given for 

purposes of personal identification only. 

Respectfully submitted, 

Peter L. Strauss 

Betts Professor of Law 

Columbia Law School 

William R. Andersen 

Judson Falknor Professor of Law Emeritus 

University of Washington School of Law 

Dominique Custos 

Judge John D. Wessel Distinguished Professor 

of Law 

Loyola University New Orleans College of 

Law 

Cynthia Farina 

Roberts Research Professor of Law 

Cornell Law School 

Tom Field 

Professor of Law 

University of New Hampshire School of Law 

Philip J. Harter 

Scholar in Residence, Vermont Law School 

Earl F. Nelson Professor Emeritus, University 

of Missouri Law School 

Linda Jellum 

Assoc. Professor of Law 

Mercer Law School 

William S. Jordan III 

Associate Dean and C. Blake McDowell 

Professor of Law 

University of Akron School of Law 

Patrick Luff 

Visiting Professor of Law 

Washington and Lee University School of 

Law 

Carl Malamud, President 

Public.Resource.Org 

Jonathan Masur 

Assistant Professor of Law 

University of Chicago Law School 

Nina Mendelson 

Professor of Law 

Michigan Law School 

Anne Joseph O’Connell, 

Professor of Law, 

University of California, Berkeley 

Craig Oren 

Professor of Law 

Rutgers University Law School, Camden 

Robert C. Platt 

Law Firm of Robert C Platt 

Washington, DC 

Todd Rakoff 

Byrne Professor of Administrative Law 

Harvard Law School 

Joshua Schwartz 

E.K. Gubin Professor of Government 

Contracts Law 

George Washington University Law School 

Peter Shane 

Davis and Davis Professor of Law 

Ohio State Law School 

Sidney A. Shapiro 

University Chair in Law, Wake Forest 

University 

Vice-President, Center for Progressive Reform 

Lea B. Vaughn 

Professor of Law 

University of Washington School of Law 

cc: Hon. Susan Collins, Ranking Member 

Committee on Homeland Security and 

Governmental Affairs 

United States Senate 

Hon. Patrick D. Gallagher, Director 

National Institute of Science and Technology 

Hon. John P. Holdren, Director 

Office of Science and Technology Policy 

Hon. Joseph Lieberman, Chair 

Committee on Homeland Security and 

Governmental Affairs 

United States Senate 

Ms. Maria Pallante 

Register of Copyrights 

Library of Congress 

Hon. Cass Sunstein, Director 

Office of Information and Regulatory 

Analysis 

Hon. Stephen Van Roekel, 

Federal Chief Information Officer 

Hon. Paul Verkuil, Chair 

Administrative Conference of the United 

States 

[FR Doc. 2012–4399 Filed 2–24–12; 8:45 am] 

BILLING CODE 1505–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0183; Directorate 

Identifier 2011–NM–131–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–600, 

–700, –700C, –800, –900, and –900ER 

series airplanes. This proposed AD was 

prompted by reports from the 

manufacturer that center overhead 

stowage (COS) boxes could fall from 

their supports under forward load levels 

less than the 9G forward load 

requirements as defined by Federal 

Aviation Regulations. This proposed AD 

would require modifying COS boxes by 

installing new brackets, stiffeners, and 

hardware as needed. We are proposing 

this AD to prevent detachment of COS 

boxes at forward load levels less than 

9G during an emergency landing, which 

would cause injury to passengers and/ 

or crew and could impede subsequent 

rapid evacuation. 

DATES: We must receive comments on 

this proposed AD by April 12, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 11417 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Gillespie, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: 425–917–6429; 

fax: 425–917–6590; email: 

patrick.gillespie@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–0183; Directorate Identifier 2011– 

NM–131–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 we receive 

about this proposed AD. 

Discussion 

We received reports from the 

manufacturer that COS boxes could fall 

from their supports under forward load 

levels less than the 9G forward load 

requirements as defined by section 

25.561 of the Federal Aviation 

Regulations (14 CFR 25.561). This 

condition, if not corrected, could result 

in detachment of COS boxes at forward 

load levels less than 9G during an 

emergency landing, which would cause 

injury to passengers and/or crew and 

could impede subsequent rapid 

evacuation. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 737–25– 

1641, Revision 1, dated August 8, 2011. 

The service information describes 

procedures for modifying center 

overhead stowage boxes. The 

modification includes installing new 

brackets, stiffeners, and hardware (bolts, 

washers, and nuts) as needed. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of this same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously. 

Costs of Compliance 

We estimate that this proposed AD 

affects 526 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Modification ....... 31 work-hours × $85 per hour = $2,635 ...................................................... $6,118 $8,753 $4,604,078 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

(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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

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11418 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 

(4) 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2012–0183; Directorate Identifier 2011– 

NM–131–AD. 

(a) Comments Due Date 

We must receive comments by April 12, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–600, –700, –700C, –800, –900, 

and –900ER series airplanes, certificated in 

any category, as identified in Boeing Special 

Attention Service Bulletin 737–25–1641, 

Revision 1, dated August 8, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 25: Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by reports from the 

manufacturer that center overhead stowage 

(COS) boxes could fall from their supports 

under forward load levels less than the 9G 

forward load requirements as defined by 

Federal Aviation Regulations. We are issuing 

this AD to prevent detachment of COS boxes 

at forward load levels less than 9G during an 

emergency landing, which would cause 

injury to passengers and/or crew and could 

impede subsequent rapid evacuation. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Modification and Installation of Center 

Overhead Stowage Boxes 

Within 60 months after the effective date 

of this AD, modify the COS boxes in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–25–1641, Revision 1, 

dated August 8, 2011. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraph (g) of this 

AD, if the modification was performed before 

the effective date of this AD using Boeing 

Special Attention Service Bulletin 737–25– 

1641, dated May 13, 2011. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

Aircraft Certification Office to make those 

findings. 

(j) Related Information 

(1) For more information about this AD, 

contact Patrick Gillespie, Aerospace 

Engineer, Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6429; fax: 425– 

917–6590; email: patrick.gillespie@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on February 

14, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–4382 Filed 2–24–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0102; Directorate 

Identifier 2012–NM–004–AD] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain transport category 

airplanes. The existing AD currently 

requires either activating all chemical 

oxygen generators in the lavatories until 

the generator oxygen supply is 

expended, or removing the oxygen 

generator(s); and, for each chemical 

oxygen generator, after the generator is 

expended (or removed), removing or 

restowing the oxygen masks and closing 

the mask dispenser door. Since we 

issued that AD, we have identified 

means to provide a supplemental 

oxygen system that does not have the 

unsafe condition. This proposed AD 

would require installing a supplemental 

oxygen system in affected lavatories, 

which would terminate the 

requirements of the existing AD. We are 

proposing this AD to eliminate a hazard 

that could jeopardize flight safety, and 

to ensure that all lavatories have a 

supplemental oxygen supply. 

DATES: We must receive comments on 

this proposed AD by April 12, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

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

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