6692 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(t) Related Information 

Refer to MCAI Airworthiness Directive CF– 

1992–26R2, dated September 1, 2010, and the 

following service information for related 

information. 

(1) Bombardier Alert Service Bulletin 215– 

A463, Revision 2, dated March 13, 2001. 

(2) Bombardier Alert Service Bulletin 215– 

A454, Revision 3, dated March 13, 2001. 

(3) Bombardier Alert Service Bulletin 215– 

A454, Revision 4, dated November 18, 2009. 

Issued in Renton, Washington, on January 

26, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–3031 Filed 2–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0110; Directorate 

Identifier 2011–NM–148–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 737–100, 

–200, –200C, –300, –400, and –500 

series airplanes equipped with analog 

transient suppression devices (ATSDs) 

installed in accordance with 

Supplemental Type Certificate number 

ST00146BO. This proposed AD was 

prompted by multiple reports of 

corrosion on ATSDs. This proposed AD 

would require revising the maintenance 

program to incorporate certain 

limitations. We are proposing this AD to 

detect and correct corrosion on ATSDs, 

which could result in the loss of high 

voltage transient protection (e.g., 

lightning protection) in the fuel tanks 

and consequent fuel tank explosion and 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by March 26, 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. 

For service information identified in 

this proposed AD, contact Goodrich 

Corporation, Sensors and Integrated 

Systems, 100 Panton Road, Vergennes, 

Vermont 05491; phone: 802–877–4580; 

fax: 802–877–4444; email: 

les.blades@goodrich.com; Internet: 

http://www.goodrich.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: 

Marc Ronell, Aerospace Engineer, 

Engine and Propeller Directorate, ANE– 

150, FAA, New England Aircraft 

Certification Office (ACO), 12 New 

England Executive Park, Burlington, 

Massachusetts 01803; phone: 781–238– 

7776; fax: 781–238–7170; email: 

marc.ronell@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– 

2012–0110; Directorate Identifier 2011– 

NM–148–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 have received at least six reports 

of corrosion on the housings of ATSDs. 

This condition, if not corrected, could 

result in the loss of high voltage 

transient protection (e.g., lightning 

protection) in the fuel tanks and 

consequent fuel tank explosion and loss 

of the airplane. 

Relevant Service Information 

We have reviewed Goodrich Principal 

Instructions for Continued 

Airworthiness Manual for the Analog 

Transient Suppression Device 

Installation Applicable to Boeing 737– 

100 through -500 Airplanes 

Supplemental Type Certificate— 

ST00146BO, Document T3044–0010– 

0101, Revision D, dated September 26, 

2011, which describes various 

limitations, including Critical Design 

Control Limitations (CDCCL), 

inspections, and checks of the ATSD, 

ground straps, and safe-side harness. 

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 the 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 384 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules 6693 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Revise maintenance program ................... 1 work-hour × $85 per hour = $85 ........... $0 $85 $32,640 

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 

(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– 

2012–0110; Directorate Identifier 2011– 

NM–148–AD. 

(a) Comments Due Date 

We must receive comments by March 26, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–100, –200, –200C, –300, –400, 

and –500 series airplanes, certificated in any 

category, with an original airworthiness 

certificate or original export certificate of 

airworthiness issued before September 26, 

2011, equipped with analog transient 

suppression devices (ATSDs) installed in 

accordance with Supplemental Type 

Certificate number ST00146BO. 

Note 1 to paragraphs (c), (g), and (h): This 

AD requires revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections and/or Critical 

Design Configuration Control Limitations 

(CDCCLs). Compliance with these actions is 

required by 14 CFR 91.403(c). For airplanes 

that have been previously modified, altered, 

or repaired in the areas addressed by these 

inspections, the operator may not be able to 

accomplish the inspections described in the 

revisions. In this situation, to comply with 14 

CFR 91.403(c), the operator must request 

approval for an alternative method of 

compliance (AMOC) according to paragraph 

(i) of this AD. The request should include a 

description of changes to the required actions 

that will ensure the continued operational 

safety of the airplane. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 2841, Fuel Quantity Indicator. 

(e) Unsafe Condition 

This AD was prompted by multiple reports 

of corrosion on ATSDs. We are issuing this 

AD to detect and correct corrosion on ATSDs, 

which could result in the loss of high voltage 

transient protection (e.g., lightning 

protection) in the fuel tanks and consequent 

fuel tank explosion and loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance Program Revision 

Within 3 months after the effective date of 

this AD, revise the maintenance program to 

incorporate the limitations specified in 

Goodrich Principal Instructions for 

Continued Airworthiness Manual for the 

Analog Transient Suppression Device 

Installation Applicable to Boeing 737–100 

through –500 Airplanes Supplemental Type 

Certificate—ST00146BO, Document T3044– 

0010–0101, Revision D, dated September 26, 

2011. The initial compliance time for 

accomplishing each task is at the applicable 

time specified in Goodrich Principal 

Instructions for Continued Airworthiness 

Manual for the Analog Transient Suppression 

Device Installation Applicable to Boeing 

737–100 through –500 Airplanes 

Supplemental Type Certificate—ST00146BO, 

Document T3044–0010–0101, Revision D, 

dated September 26, 2011, or within 18 

months after the effective date of this AD, 

whichever occurs later. 

Note 2 to paragraph (g): Components that 

have been identified as airworthy or installed 

on the affected airplanes before the revision 

of the maintenance program, as required by 

paragraph (g) of this AD, do not need to be 

reworked in accordance with the CDCCLs. 

However, once the maintenance program has 

been revised, paragraph (g) of this AD 

requires that future maintenance actions on 

these components must follow the CDCCLs. 

(h) No Alternative Actions Intervals, and/or 

Critical Design Configuration Control 

Limitations 

After accomplishing the revision required 

by paragraph (g) of this AD, no alternative 

actions (e.g., inspections), intervals, and/or 

CDCCLs may be used other than those 

specified in Goodrich Principal Instructions 

for Continued Airworthiness Manual for the 

Analog Transient Suppression Device 

Installation Applicable to Boeing 737–100 

through –500 Airplanes Supplemental Type 

Certificate—ST00146BO, Document T3044– 

0010–0101, Revision D, dated September 26, 

2011, unless the actions, intervals, and/or 

CDCCLs are approved as an AMOC in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(i) Alternative Methods of Compliance 

(1) The Manager, Boston 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, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

6694 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules 

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. 

(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. 

(j) Related Information 

(1) For more information about this AD, 

contact Marc Ronell, Aerospace Engineer, 

Engine and Propeller Directorate, ANE–150, 

FAA, New England Aircraft Certification 

Office (ACO), 12 New England Executive 

Park, Burlington, Massachusetts 01803; 

phone: 781–238–7776; fax: 781–238–7170; 

email: marc.ronell@faa.gov. 

(2) For service information identified in 

this AD, contact Goodrich Corporation, 

Sensors and Integrated Systems, 100 Panton 

Road, Vergennes, Vermont 05491; phone: 

802–877–4580; fax: 802–877–4444; email: 

les.blades@goodrich.com; Internet: http:// 

www.goodrich.com/TechPubs. 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 January 

23, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–3036 Filed 2–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2011–0012] 

Notice of Proposed Policy Clarification 

for the Registration of Aircraft to U.S. 

Citizen Trustees in Situations Involving 

Non-U.S. Citizen Trustors and 

Beneficiaries 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of Proposed FAA Policy. 

SUMMARY: Notice is hereby given of the 

FAA’s proposed policy regarding the 

registration of aircraft to U.S. Citizen 

Trustees in situations involving NonU.S. citizen trustors and beneficiaries. 

DATES: Written public comments 

regarding this FAA proposed policy 

should be submitted by March 31, 2012, 

via email to ladeana.peden@faa.gov. 

FOR FURTHER INFORMATION CONTACT: 

LaDeana Peden at 405–954–3296, Office 

of Aeronautical Center Counsel, Federal 

Aviation Administration. 

SUPPLEMENTARY INFORMATION: The FAA 

has been reviewing policies and 

practices regarding the registration of 

aircraft in the United States involving 

U.S. citizen trustees and non-U.S. 

citizen trustors and beneficiaries. Such 

arrangements are commonly referred to 

as non-citizen trusts. The FAA began its 

review in part because of problems the 

FAA has experienced in obtaining 

important operational and maintenance 

information concerning such aircraft 

from the registered owners, i.e., the 

owner trustees. The problems in 

obtaining such information in turn 

affected the FAA’s ability to conduct 

fully effective oversight of such aircraft 

when operated outside the United 

States, and to provide foreign civil 

aviation authorities with information on 

those operations in support of the safety 

oversight activities of those authorities. 

The FAA also undertook the review of 

non-citizen trusts because of concerns 

that some of those arrangements may 

not have complied with FAA 

requirements for non-citizen trusts. 

As part of its review of non-citizen 

trusts, the FAA published a notice of 

public meeting inviting members of the 

public to discuss the use of non-citizen 

trusts to register aircraft in the United 

States. See 76 FR 23353 (April 26, 

2011). In the notice, the FAA set forth 

several questions in order to elicit a 

robust discussion of the issues. Among 

other things, the FAA summarized the 

requirements in existing U.S. law that 

only an ‘‘owner’’ may register an 

aircraft, and that generally speaking 

only citizens of the United States that 

are owners are eligible to register 

aircraft. Thus, the FAA Aircraft Registry 

is an ‘‘ownership’’ registry. It is not an 

‘‘operator’’ registry. 

The FAA met with interested 

members of the public on June 1, 2011, 

in Oklahoma City. Representatives of 

trade associations, law firms, aircraft 

manufacturers, lenders, lessors, aircraft 

operators, trustees and others were 

present. The proceedings of that 

meeting were transcribed. The transcript 

is available for members of the public to 

read. Copies of the transcript (File No. 

A505180) may be purchased through 

Atkinson-Baker, Inc., Court Reporters, 

via email at abi@depo.com or by 

contacting Customer Service at 800– 

288–3376. 

The FAA received a number of 

written comments from members of the 

public in response to the questions 

raised in the April 26, 2011 Federal 

Register notice. The FAA also received 

written comments in response to its 

request at the conclusion of the public 

meeting for additional input from the 

meeting participants and all others who 

had an interest in the issues 

surrounding non-citizen trusts. An 

organization (the Aviation Working 

Group) that represents a wide range of 

aviation industry participants on 

aviation regulatory and commercial 

issues submitted a document on May 

26, 2011, in which its members and 

other supporting entities shared their 

views concerning the various questions 

posed by the FAA in its April 26, 2011 

Federal Register notice. That 

organization also participated at the 

public meeting on June 1, 2011, and 

submitted additional written comments 

on June 30, 2011. 

The discussion at the public meeting 

and the written comments received by 

the FAA have helped it to better 

understand the practices and concerns 

of the aviation industry with regard to 

the use of non-citizen trusts to register 

aircraft in the United States. In addition, 

the FAA gained a better understanding 

of the perceptions that exist with regard 

to the regulatory obligations on a trustee 

with regard to it registering an aircraft 

in the United States using a non-citizen 

trust. The FAA’s improved 

understanding has allowed it to sharpen 

the focus of its review of non-citizen 

trusts. The FAA also believes that the 

public meeting was useful in helping 

members of the public to better 

understand the critical safety 

information that the FAA needs to 

communicate to aircraft operators, 

through owner trustees, and the critical 

information that the FAA needs to 

receive from them in order for the FAA 

to meet its safety oversight obligations 

under international and U.S. law. 

The FAA will discuss the issues in 

terms of the law and safety since the 

two are greatly intertwined. 

International law and U.S. law impose 

safety oversight responsibilities on the 

FAA, existing law restricts aircraft 

registration in the U.S. to ‘‘owners,’’ and 

existing law imposes certain safety 

requirements on aircraft owners. After 

the FAA discusses the legal issues, the 

FAA will suggest which provisions in 

trust agreements may need to be 

changed and it will suggest language 

that would enable the FAA to facilitate 

the registration of aircraft in the future 

that are owned in trust. The suggested 

language and the reasons for the 

suggested language, if adopted as the 

FAA’s final policy on this matter, will 

guide the FAA in the future in 

determining eligibility for registering 

non-U.S. citizen trusts. An example of a 

standard trust agreement with FAAmstockstill on DSK4VPTVN1PROD with PROPOSALS