Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15291 

representatives prior to proposing a rule 

for which an IRFA is required. 

When an agency issues a rulemaking 

proposal, the RFA requires the agency 

to, ‘‘prepare and make available for 

public comment an initial regulatory 

flexibility analysis,’’ which will 

‘‘describe the impact of the proposed 

rule on small entities.’’ The RFA allows 

an agency to certify a rule, in lieu of 

preparing an analysis, if the proposed 

rulemaking is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

An IRFA is not required for this 

proposal because, if adopted, it would 

not have a significant economic impact 

on a substantial number of small 

entities. The proposed rule does not 

impose obligations or standards of 

conduct on any entities. In any event, as 

noted, the submission by any person of 

any information to the Bureau in the 

course of the Bureau’s supervisory or 

regulatory processes or the Bureau’s 

later disclosure of such submitted 

material generally does not waive or 

otherwise affect any privilege such 

person may claim with respect to such 

information under Federal or State law 

as to any other person or entity. The 

proposed rule is intended to codify this 

result in order to give further assurance 

to entities subject to the Bureau’s 

authority. Any requirement to provide 

information stems from the Bureau’s 

authority under existing law, not the 

proposed rule. To the extent that the 

proposed rule alters existing law, it 

protects any applicable privilege under 

Federal or State law that a covered 

person that provides information to the 

Bureau may claim. 

Accordingly, the undersigned hereby 

certifies that, if promulgated, the 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 12 CFR Part 1070, 

Subpart D 

Confidential business information, 

Consumer protection, Privacy. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau proposes to 

amend 12 CFR part 1070, subpart D, as 

set forth below: 

PART 1070—DISCLOSURES OF 

RECORDS AND INFORMATION 

Subpart D—Confidential Information 

1. The authority citation for part 1070 

continues to read as follows: 

Authority: 12 U.S.C. 3401; 12 U.S.C. 5481 

et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 

1905; 18 U.S.C. 641; 44 U.S.C. ch. 30; 5 

U.S.C. 301. 

2. Amend § 1070.47 by revising 

paragraph (c) to read as follows: 

§ 1070.47 Other Rules Regarding 

Disclosure of Confidential Information. 

* * * * * 

(c) Non-waiver. (1) In General. The 

CFPB shall not be deemed to have 

waived any privilege applicable to any 

information by transferring that 

information to, or permitting that 

information to be used by, any Federal 

or State agency. 

(2) Rule of Construction. Paragraph (1) 

shall not be construed as implying that 

any person waives any privilege 

applicable to any information because 

paragraph (1) does not apply to the 

transfer or use of that information. 

3. Add § 1070.48 to subpart D to read 

as follows: 

§ 1070.48 Privileges not affected by 

disclosure to the CFPB. 

(a) In General. The submission by any 

person of any information to the CFPB 

for any purpose in the course of any 

supervisory or regulatory process of the 

Bureau shall not be construed as 

waiving, destroying, or otherwise 

affecting any privilege such person may 

claim with respect to such information 

under Federal or State law as to any 

person or entity other than the CFPB. 

(b) Rule of Construction. Paragraph (a) 

shall not be construed as implying or 

establishing that— 

(1) Any person waives any privilege 

applicable to information that is 

submitted or transferred under 

circumstances to which paragraph (a) 

does not apply; or 

(2) Any person would waive any 

privilege applicable to any information 

by submitting the information to the 

CFPB but for this section. 

Dated: March 12, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–6254 Filed 3–14–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0264; Directorate 

Identifier 2011–NM–179–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 A300 B4–603, B4–605R, 

and B4–622R airplanes; Model A300 

C4–605R Variant F airplanes; and Model 

A300 F4–600R series airplanes. This 

proposed AD was prompted by a report 

that chafing was detected between the 

autopilot electrical wiring conduit and 

the wing bottom skin. This proposed AD 

would require modifying the wiring 

installation on the right-hand wing. We 

are proposing this AD to prevent 

sparking due to electrical chafing when 

flammable vapors are present in the 

area, which could cause an uncontrolled 

fire. 

DATES: We must receive comments on 

this proposed AD by April 30, 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 service information identified in 

this proposed AD, contact Airbus SAS— 

EAW (Airworthiness Office), 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. 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
15292 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: (425) 227–2125; 

fax: (425) 227–1149; email: 

Dan.Rodina@faa.gov. 

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–2012–0264; Directorate Identifier 

2011–NM–179–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 

Community, has issued EASA 

Airworthiness Directive 2011–0161, 

dated August 26, 2011 (referred to after 

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

condition for the specified products. 

The MCAI states: 

During a scheduled general visual 

inspection in a zone adjacent to a fuel tank 

(zone 675) chafing was detected between the 

autopilot electrical wiring conduit and the 

wing bottom skin. 

This condition, in the scope of published 

FAA SFAR88 [Special Federal Aviation 

Regulation] and JAA [Joint Aviation 

Authority] Internal Policy INT/POL/25/12, is 

considered on ground to be a potential source 

of explosive condition due to the risk of a 

spark with electrical wire chafing when 

flammable vapours are present in the area. If 

left uncorrected, this condition could lead to 

an uncontrolled fire. 

For the reasons described above, this 

[EASA] AD requires modification of the 

wiring installation to improve the routing 

and the protection of the harnesses in the 

zone 675/Rib 6 of the Right Hand wing. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A300–24–6109, dated July 4, 

2011. 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 132 products of U.S. 

registry. We also estimate that it would 

take about 7 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $1,720 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$305,580, or $2,315 per product. 

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–2012–0264; 

Directorate Identifier 2011–NM–179–AD. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15293 

(a) Comments Due Date 

We must receive comments by April 30, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A300 B4– 

603, B4–605R, and B4–622R airplanes; Model 

A300 C4–605R Variant F airplanes; and 

Model A300 F4–605R and F4–622R 

airplanes; certificated in any category; all 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 92. 

(e) Reason 

This AD was prompted by a report that 

chafing was detected between the autopilot 

electrical wiring conduit and the wing 

bottom skin. We are issuing this AD to 

prevent sparking due to electrical chafing 

when flammable vapors are present in the 

area, which could cause an uncontrollable 

fire. 

(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. 

(g) Modification 

Within 30 months or 4,500 flight hours 

after the effective date of this AD, whichever 

occurs first: Modify the wiring in zone 675 

of the right-hand wing, in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–24–6109, 

dated July 4, 2011. 

(h) 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: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: (425) 227–2125; fax: (425) 227–1149; 

email: Dan.Rodina@faa.gov. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@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. 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0161, 

dated August 26, 2011; and Airbus 

Mandatory Service Bulletin A300–24–6109, 

dated July 4, 2011; for related information. 

Issued in Renton, Washington, on March 1, 

2012. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–6246 Filed 3–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0265; Directorate 

Identifier 2010–NM–216–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation 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 Dassault Aviation 

Model FALCON 7X airplanes. The 

existing AD currently requires revising 

the Abnormal Procedures and 

Limitations sections of the Dassault F7X 

airplane flight manual. Since we issued 

that AD, we have determined that 

additional actions are necessary to 

address the identified unsafe condition. 

This proposed AD would require 

performing a test of the power 

distribution control units (PDCU) cards 

and generator control units (GCU) cards 

to detect faculty components, and if any 

faulty components are found, replacing 

any affected PDCU or GCU card. We are 

proposing this AD to detect and correct 

a leakage failure mode of transient 

voltage suppression (TVS) diodes used 

on PDCU cards or GCU cards in the 

primary power distribution boxes 

(PPDB), which, in combination with 

other system failures, could lead to loss 

of controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by April 30, 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 Dassault service information 

identified in this proposed AD, contact 

Dassault Falcon Jet, P.O. Box 2000, 

South Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet 

http://www.dassaultfalcon.com. For 

Goodrich Corporation, Power Systems, 

1555 Corporate Woods Parkway, 

Uniontown, Ohio 44685–8799; 

telephone 330–487–2007; fax 330–487– 

1902; email 

twinsburg.techpubs@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. 

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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; 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–2012–0265; Directorate Identifier 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1