### 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:


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

E STIMATED 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,


### 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. CitizenTrustees 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 astandard trust agreement with FAAVerDate Mar<15>2010 16:41 Feb 08, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM 09FEP1mstockstill on DSK4VPTVN1PROD with PROPOSALS