Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 74625 

conservation standard or make 

representations about the energy use or 

efficiency of the covered product. 

(5) Extension to additional basic 

models. DOE may extend the scope of a 

waiver upon request of the petitioner to 

include additional basic models 

employing the same technology as the 

basic models set forth in the original 

petition. Notification of such extension 

will be published in the Federal 

Register. 

(g) If the alternate test procedure 

specified in the interim waiver differs 

from the alternate test procedure 

specified by DOE in the subsequent 

decision and order granting the petition 

for waiver, a manufacturer who has 

already certified basic models using the 

procedure permitted in DOE’s grant of 

an interim test procedure waiver does 

not need to re-test and re-rate those 

basic models so long as: 

(1) The manufacturer used that 

alternative procedure after DOE granted 

the company’s interim waiver request; 

and 

(2) Changes have not been made to 

those basic models that would cause 

them to use more energy or otherwise be 

less energy efficient. 

(3) After DOE publishes a decision 

and order in the Federal Register, a 

manufacturer must use the test 

procedure contained in that notice to 

rate any basic models that have not yet 

been certified to DOE and for any future 

testing of any basic model(s) covered by 

the decision and order. 

(h) Not later than 60 days after DOE 

grants a petition for waiver for a type of 

equipment employing a particular 

technology or characteristic, any 

manufacturer of that equipment 

employing a technology or characteristic 

that results in the same need for a 

waiver, as specified by DOE in the 

published petition for waiver in the 

Federal Register, must submit a petition 

for waiver pursuant to the requirements 

of this section. Manufacturers may also 

submit a request for interim waiver 

pursuant to the requirements of this 

section. 

(i)(1) Waivers and interim waivers are 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify a waiver or 

interim waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver or 

interim waiver is incorrect, or upon a 

determination that the results from the 

alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

DOE will publish any proposed 

rescission or modification in the 

Federal Register for public comment. 

DOE will also publish its decision in the 

Federal Register. 

(2) Petitioners may request that DOE 

rescind or modify a waiver or interim 

waiver if the petitioner discovers an 

error in the information provided to 

DOE as part of its petition, determines 

that the waiver is no longer needed, or 

for other appropriate reasons. DOE will 

publish any request for rescission or 

modification in the Federal Register for 

public comment. DOE will also publish 

its decision on the request in the 

Federal Register. The decision shall be 

based on relevant information contained 

in the record and any comments 

received. Basic models tested 

subsequent to the effective date of a 

rescission must be tested using the 

applicable DOE test procedure. 

(j) Revision of regulation. As soon as 

practicable after the granting of any 

waiver, DOE will publish in the Federal 

Register a notice of proposed 

rulemaking to amend its regulations so 

as to eliminate any need for the 

continuation of such waiver. As soon 

thereafter as practicable, DOE will 

publish in the Federal Register a final 

rule. Such waiver will terminate on the 

date on which use of the test procedure 

established in such final rule is required 

to demonstrate compliance with the 

applicable conservation standard. 

(k) In order to exhaust administrative 

remedies, any person aggrieved by an 

action under this section must file an 

appeal with the DOE’s Office of 

Hearings and Appeals as provided in 10 

CFR part 1003, subpart C. 

[FR Doc. 2012–30195 Filed 12–14–12; 8:45 am] 

BILLING CODE 6450–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Chapter X 

[Docket No. CFPB–2012–0046] 

Policy To Encourage Trial Disclosure 

Programs; Information Collection 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of proposed policy and 

proposed information collection; 

request for comment. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on its proposed Policy to 

Encourage Trial Disclosure Programs 

(Policy), which is intended to carry out 

the Bureau’s authority under Section 

1032(e) of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act of 

2010 (Dodd-Frank Act), and also a 

proposed information collection 

associated with applications submitted 

by companies seeking Bureau approval 

to conduct trial disclosure programs 

under the proposed Policy as required 

by the Paperwork Reduction Act of 

1995. 

DATES: Written comments are 

encouraged and must be received on or 

before February 15, 2013 to be assured 

of consideration. 

ADDRESSES: Submit comments on the 

proposed Policy by any of the following 

methods: 

• Electronic: http:// 

www.regulations.gov. Follow the 

instructions on this site for submitting 

comments. 

• Mail/Hand Delivery/Courier: 

Monica Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20552. 

Submit comments on the proposed 

information collection by any of the 

following methods: 

• Electronic: 

CFPB_Public_PRA@cfpb.gov. 

• Mail/Hand Delivery/Courier: Direct 

all written comments to Consumer 

Financial Protection Bureau (Attention: 

PRA Office), 1700 G Street NW., 

Washington, DC 20552. 

Instructions: Submissions should 

include agency name and the title 

‘‘Policy to Encourage Trial Disclosure 

Programs; Information Collection.’’ 

Comments will be available for public 

inspection and copying at 1700 G Street 

NW., Washington, DC 20552 on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect 

comments by telephoning (202) 435– 

7275. All comments, including any 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

For this reason, please do not include in 

your comments information of a 

confidential nature, such as sensitive 

personal information or proprietary 

information. You should only submit 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

proposed information collection, 

contact the Consumer Financial 

Protection Bureau, (Attention: PRA 

Office), 1700 G Street NW., Washington, 

DC 20552, (202) 435–9011, or through 

the Internet at 

CFPB_Public_PRA@cfpb.gov. For 

additional information about the 


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74626 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 

1See 12 U.S.C. 5532(a)–(d). 

2 12 U.S.C. 5532(e). 

3 12 U.S.C. 5532(e)(2). For convenience, this 

statutory authority to deem companies in 

compliance with or to exempt them from disclosure 

requirements—in each case for a limited period of 

time—is hereinafter referred to as the authority to 

issue ‘‘waivers’’ for approved programs. 

4The Bureau may permit a covered person or 

covered persons to conduct a trial disclosure 

program ‘‘subject to specified standards and 

procedures.’’ 12 U.S.C. 5532(e)(1). 

5The Policy is not intended to nor should it be 

construed to: (1) Restrict or limit in any way the 

CFPB’s discretion in exercising its authorities; (2) 

constitute an interpretation of law; or (3) create or 

confer upon any covered person (including one 

who is the subject of CFPB supervisory, 

investigation or enforcement activity) or consumer, 

any substantive or procedural rights or defenses 

that are enforceable in any manner. Of course, if the 

Bureau approves a waiver in connection with a trial 

disclosure program, the terms of its approval will 

specify certain legal rights granted to the recipient 

or recipients of the waiver. Those rights, however, 

are based on the approval notice, and not on the 

present policy guidance. 

6The Policy should not be viewed as substituting 

for the normal process of rulemaking. In the event 

that information learned from trial disclosure 

programs triggers or otherwise informs follow-on 

rulemaking, the Bureau would follow the standard 

rulemaking process, which affords the public the 

opportunity of submitting comments on a proposed 

regulation. 

7So long as otherwise consistent with the 

minimum eligibility standards, new disclosures 

could include modifications to an existing model 

form, changed delivery mechanisms, wholesale 

replacement of a model form or existing disclosure 

requirements with new disclosure requirements or 

forms, and/or the elimination of select disclosure 

proposed Policy, contact Will WadeGery, Research, Markets & Regulations 

Division, Bureau of Consumer Financial 

Protection, (202) 435–7700. 

SUPPLEMENTARY INFORMATION: No waiver 

will issue under the Policy until the 

Office of Management and Budget 

approves the proposed information 

collection and the Policy is finalized in 

light of comments received. 

Title: Policy to Encourage Trial 

Disclosure Programs; Information 

Collection. 

Office of Management and Budget 

(OMB) Control Number: 3170–XXXX. 

Abstract: In subsection 1032(e) of the 

Dodd-Frank Act, 12 U.S.C. 5532(e), 

Congress gave the Bureau authority to 

provide certain legal protections to 

companies to conduct trial disclosure 

programs. This authority can be used to 

help further the Bureau’s statutory 

objective, stated in subsection 

1021(b)(5) of the Act, to ‘‘facilitate 

access and innovation’’ in the ‘‘markets 

for consumer financial products and 

services.’’ 

In line with this authority, the Bureau 

is proposing the Policy that is laid out 

in full in the next section of this Notice. 

Under the proposed Policy, if the 

Bureau approves a specific trial, then, 

for the duration of an agreed testing 

period, the Bureau will deem the testing 

company’s disclosure, to the extent that 

it is used solely by the testing company 

under the terms and conditions 

approved by the Bureau, to be in 

compliance with, or hold it exempt 

from, applicable federal disclosure 

requirements. The Bureau believes that 

there may be significant opportunities to 

enhance consumer protection by 

facilitating innovation in financial 

products and services and enabling 

companies to research informative, costeffective disclosures. The Bureau also 

recognizes that in-market testing, 

involving companies and consumers in 

real world situations, may offer 

particularly valuable information with 

which to improve disclosure rules and 

model forms. The Bureau seeks 

comments on any aspect of this 

proposed Policy. 

The Bureau is also seeking comments 

on the information to be submitted to 

the Bureau by any company that is 

seeking Bureau approval of a proposed 

trial disclosure program under the 

proposed Policy. The proposed Policy 

lays out eligibility criteria for trial 

programs, which require companies 

proposing such tests to provide certain 

information to the Bureau. The Bureau 

invites the public to comment on all 

aspects of the proposed information 

collection that would be occasioned by 

these eligibility criteria. 

Type of Information Collection 

Review: New collection. 

Average Expected Annual Number of 

Information Collection Activities: 1. 

Information Collection—Affected 

Public: Business or other for-profit or 

not-for-profit institutions. 

Estimated Number of Respondents: 2– 

10. 

Estimated Time per Respondent: 10 

hours. 

Frequency of Response: 1. 

Estimated Total Annual Burden 

Hours: 20–100. 

Proposed Policy To Encourage Trial 

Disclosure Programs 

The text of the proposed Policy is laid 

out in full below. 

Consumers need timely and 

understandable information to make the 

financial decisions that they believe are 

best for themselves and their families. 

Much federal consumer protection law 

rests on the premise that accurate and 

effective disclosures are critical in 

helping Americans understand the 

costs, benefits, and risks of different 

consumer financial products and 

services. In Section 1032 of the DoddFrank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), 

Congress gave the Consumer Financial 

Protection Bureau (Bureau) authority to 

develop rules to ensure that consumers 

receive such disclosures, as well as 

model forms to help companies comply 

with those rules.1

In subsection 1032(e) of the DoddFrank Act, Congress also gave the 

Bureau authority to approve ‘‘trial 

disclosure programs.’’ 2 This authority 

can be used to help further the Bureau’s 

statutory objective, stated in subsection 

1021(b)(5) of the Dodd-Frank Act, to 

‘‘facilitate access and innovation’’ in the 

‘‘markets for consumer financial 

products and services.’’ In particular, 

Congress empowered the Bureau to 

provide a legal ‘‘safe harbor’’ to 

companies testing revised disclosures. 

For disclosure trials it approves, 

therefore, the Bureau will ‘‘deem’’ a 

participating company ‘‘to be in 

compliance with’’ or ‘‘exempt from’’ 

otherwise applicable federal disclosure 

requirements for a defined period.3 The 

Bureau believes that there may be 

significant opportunities to enhance 

consumer protection by facilitating 

innovation in financial products and 

services and by enabling responsible 

companies to research informative, costeffective disclosures in test programs. 

We also recognize that ‘‘in-market’’ 

testing, involving companies and 

consumers in real world situations, may 

offer particularly valuable information 

with which to improve disclosure rules 

and model forms. 

Accordingly, the Bureau is releasing 

its proposed Policy on trial disclosure 

programs.4 Our intent is for the Policy 

to encourage banks, thrifts, credit 

unions, and other financial services 

companies to innovate by proposing and 

conducting such programs.5 The 

information generated by such programs 

may then help the Bureau to establish 

more effective disclosure rules and 

practices.6

The policy has four sections: 

• Section A describes which 

proposed programs will be considered 

eligible for a temporary waiver; 

• Section B lists factors the Bureau 

may consider in deciding which eligible 

programs to approve for such a waiver; 

• Section C describes the Bureau’s 

procedures for issuing waivers; and 

• Section D describes how we will 

disclose information about these 

programs. 

A. Eligibility 

Trial disclosure program proposals 

should be submitted in writing to the 

Bureau. To be considered eligible for a 

waiver, a proposal should: 

1. Describe the disclosures that are to 

be tested; 7


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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 74627 

requirements. All proposals should include a copy 

of the trial disclosures to be tested and a clear 

statement of how they would be provided to 

consumers. 

8The relevant existing disclosures are those made 

in accordance with disclosure rules issued either 

under the authority of Section 1032(a) or to 

implement an enumerated consumer law. See 12 

U.S.C. 5481(12). 

9Trial disclosures should be ‘‘designed to 

improve upon’’ existing disclosures. (12 U.S.C. 

5532(e)(1).) Intended improvements may go to 

consumer understanding of the relevant product or 

service and/or to the cost-effectiveness of 

disclosures. The Bureau anticipates approving trial 

disclosure programs that are intended to improve 

both consumer understanding and costeffectiveness. 

10Under subsection 1032(e)(2), the Bureau has 

authority to waive ‘‘a requirement of a rule or an 

enumerated consumer law,’’ as that term is defined 

in the Dodd-Frank Act. See 12 U.S.C. 5481(12). As 

used in subsection 1032(e)(2), the term ‘‘rule’’ 

includes: (i) rules implementing an enumerated 

consumer law; and (ii) rules implementing the 

Consumer Financial Protection Act of 2010, 

including rules promulgated by the Bureau under 

its authority to prevent unfair, abusive, or deceptive 

acts or practices, or to enable full, accurate and 

effective disclosure. 

11The proposal should commit to sharing test 

result data with the Bureau at the end of the 

program. In addition, it should contain either (1) a 

commitment to sharing with the Bureau interim 

data on test results during the course of the 

program, or (2) an explanation for why such interim 

data cannot reasonably be provided. 

12The decision whether to approve a proposed 

program for a waiver will be within the Bureau’s 

sole discretion. The Bureau will review reasonable 

requests to reconsider its position on programs for 

which it has not approved a waiver. 

13This includes the extent to which a proposal 

contains reasonable contingency plans for 

addressing unanticipated consumer harms that arise 

during the duration of the test. 

14 If the Bureau determines not to approve a 

proposed trial program, it will inform the company 

of its determination. 

15 If the Bureau revokes or partially revokes a 

waiver for failure to follow the waiver’s terms, it 

will do so in writing and it will specify the reason 

or reasons for its action. The Bureau may offer an 

opportunity to correct any such failure before 

revoking a waiver. 

16See 12 CFR 1070 et seq. 

17See 12 CRF 1070.14. 

2. Describe how these changes are 

expected to improve upon existing 

disclosures,8 particularly with respect to 

consumer understanding and/or costeffectiveness; 9

3. Provide a reasonable explanation 

for expecting these improvements; 

4. Provide metrics for testing whether 

such improvements are realized; 

5. Identify the duration of the test and 

the size, location, and nature of the 

consumer population involved in the 

test, and explain why that duration and 

scope are reasonably necessary for 

sound testing; 

6. Identify with particularity which 

current rules or enumerated consumer 

laws are to be temporarily waived in 

connection with the trial disclosure 

program; 10

7. Identify any third-party vendors to 

be used in connection with the 

proposed program and describe their 

proposed role; 

8. Contain a commitment to sharing 

test result data 11 with the Bureau; 

9. Acknowledge that the Bureau may 

revoke any approved waiver if the 

program violates the terms and 

conditions under which the Bureau 

approves the program; and 

10. Explain how the company will 

address disclosure requirements for the 

test population at the conclusion of the 

test period. 

B. Approval of Proposals for Waivers 

To decide whether to approve a 

proposed program for a waiver,12 the 

Bureau may take account of a number of 

factors, including: 

1. The extent to which the program 

may help the Bureau develop disclosure 

rules or policies that better enable 

consumers to understand the costs, 

benefits, and risks associated with 

consumer financial products or services; 

2. The extent to which the program 

may help the Bureau develop rules or 

policies to correct or mitigate market 

failure; 

3. The extent to which the program 

may help the Bureau develop more costeffective disclosure rules or policies; 

4. The extent to which the program 

controls for and mitigates risks to 

consumers; 13

5. The strength of the company’s 

compliance management system relative 

to the size, nature, and complexity of 

the company’s consumer business; 

6. How effectively and efficiently the 

program will test for potential 

improvements to consumer 

understanding and/or the costeffectiveness of disclosures, and how 

narrowly the program is tailored to the 

testing objectives; 

7. The extent to which existing data 

or other evidence indicate that the 

proposed changes will realize the 

intended improvements; and 

9. The extent to which the company 

intends to permit public disclosure of 

test results. 

In reviewing and approving 

applications, the Bureau will also take 

into consideration the scope and nature 

of programs currently underway as well 

as the Bureau’s currently available 

resources. 

C. Waiver Procedures for Approved 

Programs 

When the Bureau approves a waiver, 

it will provide the company or 

companies that receive the waiver with 

the specific terms and conditions of its 

approval.14 Waivers will require 

companies to certify, and document or 

otherwise demonstrate to the Bureau, 

their compliance with these approved 

terms and conditions. If a company does 

not follow the terms and conditions of 

the waiver, the Bureau may revoke the 

waiver in whole or in part.15

Waiver terms and conditions will be 

in writing in an integrated document 

entitled ‘‘1032(e) Trial Disclosure 

Waiver: Terms and Conditions.’’ This 

document will be signed by the Director 

of the Bureau or by his or her designee, 

and by an officer of each company 

approved for a waiver in connection 

with the program. 

In addition, the document will: 

1. List the company or companies that 

are receiving a waiver; 

2. Specify the temporary duration of 

the waiver; 

3. Specify the rules and statutory 

provisions that the Bureau will waive 

during the test period for the testing 

company or companies; 

4. Describe and delineate the test 

population; 

5. Specify the changed disclosure or 

disclosures to be used; and 

6. List any other conditions on the 

effectiveness of the waiver, such as the 

terms of testing, data sharing, 

certification of compliance with the 

terms of the waiver, and/or public 

disclosure. 

D. Bureau Disclosure of Information 

Regarding Trial Programs 

The Bureau will publish notice on its 

Web site of any trial disclosure program 

that it approves for a waiver. The notice 

will: (i) Identify the company or 

companies conducting the trial 

disclosure program; (ii) summarize the 

changed disclosures to be used, their 

intended purpose, and the duration of 

their intended use; (iii) summarize the 

scope of the waiver and the Bureau’s 

reasons for granting it; and (iv) state that 

the waiver only applies to the testing 

company in accordance with the 

approved terms of use. 

Public disclosure of any other 

information regarding trial programs is 

governed by the Bureau’s Interim Final 

Rule on Disclosure of Records and 

Information.16 For example, the rule 

requires the Bureau to make available 

records requested by the public unless 

they are subject to a FOIA exemption or 

exclusion.17 To the extent the Bureau 

wishes to disclose information regarding 

trial programs, the terms of such 

disclosure will be included in the 

1032(e) Trial Disclosure Waiver: Terms 


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74628 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 

and Conditions document. Consistent 

with applicable law and its own rules, 

the Bureau will not seek to disclose any 

test data that would conflict with 

consumers’ privacy interests. 

Request for Comments 

Comments are invited with respect to 

the proposed Policy and/or the related 

information collection effected by the 

application process for potential 

approval of a proposed trial disclosure 

program. All comments will become a 

matter of public record. 

Comments related to the proposed 

information collection will be 

summarized and/or included in the 

request for OMB approval. With respect 

to the information collection, comments 

are invited on: (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the Bureau, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Bureau’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and the 

assumptions used; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated, electronic, mechanical or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Dated: December 10, 2012. 

Garry Reeder, 

Chief of Staff, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–30159 Filed 12–14–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1227; Directorate 

Identifier 2012–NM–016–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

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 

Embraer S.A. Model ERJ 190 airplanes. 

This proposed AD was prompted by 

reports of cracks on the side stay of the 

main landing gear (MLG). This proposed 

AD would require repetitive 

measurements of the left-hand (LH) and 

right-hand (RH) MLG side stay support 

fitting to detect bushing migration, 

replacement of the bushing if necessary, 

and eventual replacement of the 

bushing; a detailed inspection for 

damage on the LH and RH MLG side 

stay support assembly, and related 

investigative and corrective actions if 

necessary. We are proposing this AD to 

prevent excessive bearing friction, 

which might compromise the MLG free 

fall extension, and cause fatigue 

cracking on the MLG side stay and on 

its support assembly, resulting in 

reduced structural integrity of the MLG. 

DATES: We must receive comments on 

this proposed AD by January 31, 2013. 

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 Embraer S.A., 

Technical Publications Section (PC 

060), Av. Brigadeiro Faria Lima, 2170— 

Putim—12227–901 Sa ̃o Jose dos 

Campos—SP—BRASIL; telephone +55 

12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet http:// 

www.flyembraer.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 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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; 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–2012–1227; Directorate Identifier 

2012–NM–016–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 Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2012–01–01, 

effective January 28, 2012 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

This [ANAC] AD results from reports of 

cracks on the Main Landing Gear (MLG) Side 

Stay. Further investigation has revealed that 

the cracks were caused by excessive friction 

on the MLG Side Stay Support Fitting due to 

its outer bushing migration. This [ANAC] AD 

is being issued to prevent such excessive 

bearing friction which may compromise the 

MLG free fall extension and; cause fatigue 

cracks on the MLG Side Stay and on the MLG 

Side Stay Support Assembly resulting in 

reduced structural integrity of the MLG. 

* * * * * 

The required actions include repetitive 

measurements of the LH and RH MLG 

side stay support fitting to detect 

bushing migration, replacement the 

bushing if necessary, and eventual 

replacement of the bushing; a detailed 


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