Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Proposed Rules 10693 

200 and A330–300 series airplanes); or 

Airbus AOT A340–52A4091, dated December 

20, 2010 (for Model A340–200 and A340–300 

series airplanes). Thereafter repeat the 

inspection at intervals not to exceed 400 

flight cycles. 

(i) Corrective Action 

If any sheared, loose, or missing rivets are 

found during any inspection required by 

paragraph (g) or (h) of this AD: Before further 

flight, repair using a method approved by the 

Manager, International Branch, ANM–116, 

FAA; or European Aviation Safety Agency 

(EASA) (or its delegated agent). 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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 International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; fax (425) 

227–1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

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. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011– 

0007R1, dated February 14, 2011, and the 

service information specified in paragraphs 

(k)(1) through (k)(4) of this AD, for related 

information. 

(1) Airbus All Operators Telex (AOT) 

A330–52A3085, dated December 20, 2010. 

(2) Airbus AOT A340–52A4092, dated 

December 20, 2010. 

(3) Airbus AOT A330–52A3084, dated 

December 20, 2010. 

(4) Airbus AOT A340–52A4091, dated 

December 20, 2010. 

Issued in Renton, Washington, on February 

14, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–4208 Filed 2–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0150; Directorate 

Identifier 2011–NM–234–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A318 series airplanes, 

Airbus Model A319 series airplanes, 

Airbus Model A320 series airplanes, 

and Airbus Model A321 series 

airplanes. This proposed AD was 

prompted by reports of oil residue 

between the stator and the rotor parts of 

the position resolvers of the angle of 

attack (AOA) vane, which was a result 

of incorrect removal of the machining 

oil during the manufacturing process of 

the AOA resolvers. This proposed AD 

would require inspecting to determine if 

certain AOA probes are installed, and 

replacing the affected AOA probe if 

necessary. We are proposing this AD to 

prevent erroneous AOA information and 

consequent delayed or non-activation of 

the AOA protection systems which, 

during flight at a high angle of attack, 

could result in reduced control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by April 9, 2012. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 

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

Friday, except Federal holidays. 

For Airbus service information 

identified in this proposed AD, contact 

Airbus, Airworthiness Office—EAS, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France; telephone +33 5 

61 93 36 96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. For 

Thales Avionics service information 

identified in this proposed AD, contact 

Thales Avionics, Retrofit Manager, 105, 

Avenue du Ge ́ne ́ral Eisenhower, BP 

63647, 31036 Toulouse Cedex 1, France; 

telephone +33 5 61 19 76 95; fax +33 5 

61 19 68 20; email 

retrofit.ata@fr.thalesgroup.com; Internet 

http://www.thalesgroup.com/aerospace. 

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 Operations office 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0150; Directorate Identifier 

2011–NM–234–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 based on 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 


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10694 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Proposed Rules 

Community, has issued EASA 

Airworthiness Directive 2011–0203, 

dated October 13, 2011 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During Airbus Final Assembly Line flight 

tests, AoA [angle of attack] data from two 

different aeroplanes were found inaccurate, 

which was confirmed by flight data analysis. 

Investigation conducted by Airbus and 

Thales on the removed probes revealed oil 

residue between the stator and the rotor parts 

of the AoA vane position resolvers. This oil 

residue was the result of incorrect removal of 

machining oil during the manufacturing 

process of the AoA resolvers. At low 

temperatures, this oil residue becomes 

viscous (typically in cruise), causing delayed 

and/or reduced AoA vane movement. 

Multiple AOA probes could be 

simultaneously affected, providing incorrect 

indications of the AoA of the aeroplane. 

This condition, if not corrected, could lead 

to erroneous AoA information and 

consequent delayed or non-activation of the 

AoA protection systems which, during flight 

at a high angle of attack, could result in 

reduced control of the aeroplane. 

For the reasons described above, this [EASA] 

AD requires the identification of the serial 

number (s/n) of each installed Thales 

Avionics Part Number (P/N) C16291AA AOA 

probe and the replacement of all suspect 

units with serviceable ones. This AD also 

prohibits the (re)installation of these same s/ 

n probes on any aeroplane, unless corrective 

measures have been accomplished. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–34–1452, including Appendix 01, 

dated January 29, 2010. Thales Avionics 

has issued Service Bulletin C16291A– 

34–007, Revision 01, dated December 3, 

2009. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 755 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$128,350, or $170 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 3 work-hours and require parts 

costing $0, for a cost of $255 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 AD: 

Airbus: Docket No. FAA–2012–0150; 

Directorate Identifier 2011–NM–234–AD. 

(a) Comments Due Date 

We must receive comments by April 9, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A318– 

111, –112, –121, and –122 airplanes; Model 

A319–111, –112, –113, –114, –115, –131, 

–132, and –133 airplanes; Model A320–111, 

–211, –212, –214, –231, –232, and –233 

airplanes; and Model A321–111, –112, –131, 

–211, –212, –213, –231, and –232 airplanes; 

certificated in any category; all manufacturer 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 34: Navigation. 

(e) Reason 

This AD was prompted by reports of oil 

residue between the stator and the rotor parts 

of the position resolvers of the angle of attack 

(AOA) vane, which was a result of incorrect 

removal of the machining oil during the 

manufacturing process of the AOA resolvers. 

We are issuing this AD to prevent erroneous 

AOA information and consequent delayed or 

non-activation of the AOA protection 

systems which, during flight at a high angle 

of attack, could result in reduced control of 

the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 


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Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Proposed Rules 10695 

(g) Inspection 

Except as provided by paragraph (h) of this 

AD: Within 12 months after the effective date 

of this AD, inspect to determine the part 

number and serial number of each Thales 

Avionics AOA probe, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–34–1452, excluding 

Appendix 01, dated January 29, 2010. If any 

probe is found having part number (P/N) 

C16291AA and having a serial number listed 

in Thales Avionics Service Bulletin 

C16291A–34–007, Revision 01, dated 

December 3, 2009: Within 12 months after 

the effective date of this AD, replace the AOA 

probe, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–34–1452, excluding 

Appendix 01, dated January 29, 2010. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number and serial number of the 

installed AOA probes can be conclusively 

determined from that review. 

(h) Exception 

For any airplane on which Airbus 

modification 150006 (installation of Thales 

Avionics AOA probes 

P/N C16291AB) or modification 26934 

(installation of Goodrich AOA probes P/N 

0861ED) has been embodied in production 

and on which no AOA probe replacement 

has been made since first flight: The actions 

specified in paragraph (g) of this AD are not 

required. 

(i) Parts Installation 

As of the effective date of this AD, no 

person may install a Thales Avionics AOA 

probe, P/N C16291AA, having a serial 

number listed in Thales Avionics Service 

Bulletin C16291A–34–007, Revision 01, 

dated December 3, 2009, on any airplane, 

unless that Thales Avionics probe has been 

inspected, re-identified and tested, in 

accordance with the Accomplishment 

Instructions of Thales Avionics Service 

Bulletin C16291A–34–007, Revision 01, 

dated December 3, 2009. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to Attn: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1405; fax (425) 

227–1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

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. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0203, 

dated October 13, 2011; Airbus Service 

Bulletin A320–34–1452, excluding Appendix 

01, dated January 29, 2010; and Thales 

Avionics Service Bulletin C16291A–34–007, 

Revision 01, dated December 3, 2009; for 

related information. 

Issued in Renton, Washington, on February 

6, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–4209 Filed 2–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Chapter II 

[Docket No. FR–5572–N–01] 

Federal Housing Administration (FHA) 

Risk Management Initiatives: Revised 

Seller Concessions 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Request for comments. 

SUMMARY: On July 15, 2010 (75 FR 

41217), HUD issued a notice seeking 

comment on three initiatives that HUD 

proposed would contribute to the 

restoration of the Mutual Mortgage 

Insurance Fund (MMIF) capital reserve 

account. On September 3, 2010 (75 FR 

54020), HUD published a follow-up 

final rule implementing the proposal to 

introduce a minimum credit score and 

reduce the maximum loan-to-value ratio 

for FHA single family mortgage 

insurance. HUD is in the process of 

implementing another notice tightening 

the underwriting standards for mortgage 

loan transactions that are manually 

underwritten. This document addresses 

the third proposal; namely, the proposal 

to reduce the amount of closing costs a 

seller may pay on behalf of a homebuyer 

purchasing a home with financing 

insured by the Federal Housing 

Administration (FHA). This document 

takes into consideration the public 

comments on the July 15, 2010, final 

rule regarding the proposed cap on 

‘‘seller concessions’’ and revises the 

proposed cap in response. HUD is 

seeking comment for 30 days on this 

revised proposal for limiting seller 

concessions. 

DATES: Comment Due Date March 26, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Karin Hill, Director, Office of Single 

Family Program Development, Office of 

Housing, Department of Housing and 

Urban Development, 451 7th Street SW., 

Room 9278, Washington, DC 20410; 

telephone number 202–708–4308 (this 

is not a toll-free number). Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the toll-free Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. HUD’s July 15, 2010 Notice 

On July 15, 2010, at 75 FR 41217, 

HUD issued a notice seeking comment 

on three initiatives that HUD proposed 

would contribute to the restoration of 

the Mutual Mortgage Insurance Fund 

(MMIF) capital reserve account. The 

proposed changes were developed to 

preserve both the historical role of the 

Federal Housing Administration (FHA) 

in providing a home financing vehicle 

during periods of economic volatility 

and HUD’s social mission of helping 

underserved borrowers. In the July 15, 

2010, notice, HUD proposed the 

following: (1) To reduce the amount of 

closing costs a seller (or other interested 

third parties) may pay on behalf of a 

homebuyer purchasing a home with 

FHA-insured mortgage financing for the 

purposes of calculating the maximum 

mortgage amount; (2) to introduce a 

credit score threshold, as well as reduce 

the maximum loan-to-value (LTV) for 

borrowers with lower credit scores who 

represent a higher risk of default and 

mortgage insurance claim; and (3) to 

tighten underwriting standards for 

mortgage loan transactions that are 

manually underwritten. 

Over the past 3 years, the volume of 

FHA insurance has increased rapidly as 

private sources of mortgage finance 

retreated from the market. FHA’s share 

of the single-family mortgage market 

was estimated at 17 percent (33 percent 

for home purchase mortgages) in Fiscal 

Year (FY) 2010, up from 3.4 percent in 

FY 2007, and the dollar volume of 

insurance written has jumped from the 

$77 billion issued in FY 2007 to $319 

billion in FY 2010. The growth in the 

MMIF portfolio over such a short period 

of time coincided with worsening 


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