Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 77159 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2011–1319; Directorate Identifier 2011– 

NM–143–AD. 

(a) Comments Due Date 

We must receive comments by January 26, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 777–200 and –300 series airplanes, 

certificated in any category, equipped with 

Rolls-Royce RB211 Trent 800 engines, as 

identified in Boeing Service Bulletin 777– 

75A0002, Revision 1, dated October 26, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 78, Exhaust. 

(e) Unsafe Condition 

This AD was prompted by reports of events 

related to thermal damage of the thrust 

reverser (T/R) inner wall on Rolls-Royce 

RB211 Trent 800 engines. We are issuing this 

AD to eliminate T/R thermal damage caused 

by excessive heat downstream of the 8th 

stage IP8 exhaust ports, which could result 

in T/R structural failure. This failure could 

result in large pieces of the T/R or adjacent 

components departing the airplane. A 

separated T/R piece could result in a rejected 

takeoff and cause asymmetric thrust and 

consequent loss of control of the airplane 

during reverse thrust operations. Separated 

components could also cause structural 

damage to the airplane, damage to other 

airplanes, or injury to people on the ground. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Replacement of Bleed Valve Parts and 

Tubing 

Within 36 months after the effective date 

of this AD, replace the bleed valve parts and 

tubing with new parts and tubing on the left 

and right engines, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 777–75A0002, Revision 1, 

dated October 26, 2011. 

Note 1: The service bulletin 

accomplishment instructions might refer to 

other procedures. When the words ‘‘refer to’’ 

are used and the operator has an accepted 

alternative procedure, the accepted 

alternative procedure can be used to comply 

with the AD. When the words ‘‘in accordance 

with’’ are included in the instruction, the 

procedure in the design approval holder 

document must be used to comply with the 

AD. 

(h) Concurrent Requirements 

Prior to or concurrently with doing the 

actions required by paragraph (g) of this AD, 

install Aero-Engine database software, 

software part number 3110–BCG–00R–06, 

media set part number 243W0033–7, in the 

airplane information management system 

hardware, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–31– 

0177, dated September 23, 2010. 

(i) Maintenance 

Note 2: After accomplishing the actions 

required by paragraphs (g) and (h) of this AD, 

maintenance and/or preventative 

maintenance under 14 CFR part 43 is 

permitted provided the maintenance does not 

result in changing the AD-mandated 

configuration (reference 14 CFR 39.7). 

(j) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

Replacing the bleed valve parts and tubing 

with new parts and tubing on the left and 

right engines in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 777–75A0002, dated January 

12, 2011, before the effective date of this AD 

is acceptable for compliance with the 

corresponding replacements required by 

paragraph (g) of this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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, 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. 

Information may be emailed to: 9–ANM– 

Seattle–ACO–AMOC–Requests@faa.gov. 

(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. 

(l) Related Information 

(1) For more information about this AD, 

contact Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: (425) 917–6509; fax: (425) 917– 

6590; email: Rebel.Nichols@faa.gov. 

(2) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P.O. Box 3707, MC 

2H–65, Seattle, Washington 98124–2207; 

phone: (206) 544–5000, extension 1; fax: 

(206) 766–5680; email: 

me.boecom@boeing.com; Internet: https:// 

www.myboeingfleet.com. 

(3) For Rolls-Royce service information 

identified in this AD, contact Rolls-Royce 

plc, P.O. Box 31, DERBY, DE24 8BJ, UK; 

telephone 011 44 1332 242424; fax 011 44 

1332 249936. 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 

December 5, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31738 Filed 12–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1318; Directorate 

Identifier 2010–NM–274–AD] 

RIN 2120–AA64 

Airworthiness Directives; 328 Support 

Services GmbH 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 328 

Support Services GmbH (Type 

Certificate previously held by AvCraft 

Aerospace GmbH; Fairchild Dornier 

GmbH; Dornier Luftfahrt GmbH) Model 

328–100 and –300 airplanes that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

An incident has been reported with a 

Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle 

position during the landing roll-out. The 

aeroplane was stopped by excessive braking. 

The reason for the jamming was that the 

cockpit door locking device * * * had fallen 

off the RH cockpit wall, blocking the RH 

power/condition lever pulley/cable cluster 

below the door. * * * 

This condition, if not corrected, could 

cause interference with the engine and/or 

flight control cables, possibly resulting in 

reduced control of the aeroplane. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by January 26, 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. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

77160 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 

• 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 328 Support 

Services GmbH, Global Support Center, 

P.O. Box 1252, D–82231 Wessling, 

Federal Republic of Germany; telephone 

+49 8153 88111 6666; fax +49 8153 

88111 6565; email 

gsc.op@328support.de; Internet http:// 

www.328support.de. 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–2011–1318; Directorate Identifier 

2010–NM–274–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 

On September 30, 2009, we issued AD 

2009–21–06, Amendment 39–16043 (74 

FR 53151, October 16, 2009). That AD 

required actions intended to address an 

unsafe condition on 328 Support 

Services GmbH (Type Certificate 

Previously Held by AvCraft Aerospace 

GmbH; Fairchild Dornier GmbH; 

Dornier Luftfahrt GmbH) Model 328– 

100 and –300 airplanes. 

Since we issued AD 2009–21–06, 

Amendment 39–16043 (74 FR 53151, 

October 16, 2009), the manufacturer has 

provided two options to fix the locking 

device, depending on airplane 

configuration: Installing an improved 

locking device for the cockpit door, or 

installing a gap filler between the 

cockpit door and the cockpit wall. We 

have determined these actions are 

necessary to address the identified 

unsafe condition. The European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, has 

issued EASA Airworthiness Directive 

2010–0169, dated August 13, 2010 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

An incident has been reported with a 

Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle 

position during the landing roll-out. The 

aeroplane was stopped by excessive braking. 

The reason for the jamming was that the 

cockpit door locking device Part Number 

(P/N) 001A252A3914012 had fallen off the 

RH cockpit wall, blocking the RH power/ 

condition lever pulley/cable cluster below 

the door. Although the affected aeroplane 

had been modified, the technical 

investigation showed that a loose Cockpit 

Door Locking device could also occur on 

328–100 and 328–300 aeroplanes with a 

standard installation. 

This condition, if not corrected, could 

cause interference with the engine and/or 

flight control cables, possibly resulting in 

reduced control of the aeroplane. 

To address that unsafe condition, EASA 

issued AD 2009–0082 [which corresponds to 

FAA AD 2009–21–06, Amendment 39–16043 

(74 FR 53151, October 16, 2009)] as an 

interim solution, to require a one-time 

inspection of the cockpit door locking device 

and the surrounding area and the reporting 

of all findings to the TC [type certificate] 

holder. 

Since that AD was issued, the TC holder 

has developed an improved cockpit door 

locking device, P/N 001A252A3914016. 

Consequently, this [EASA] AD retains the 

requirements of [EASA] AD 2009–0082 [FAA 

AD 2009–21–06, Amendment 39–16043 (74 

FR 53151, October 16, 2009)], which is 

superseded, and requires the replacement of 

the current P/N 001A252A3914012 with new 

designed P/N 001A252A3914016 cockpit 

door locking device, or the removal of the 

cockpit door locking device P/N 

001A252A3914012 and the installation of a 

gap filler, as applicable to aeroplane 

configuration. 

The required actions include performing 

operational tests, and repair if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

328 Support Services has issued the 

following service bulletins: 

• SB–328–25–492, dated March 18, 

2010 (for Model 328–100 airplanes); 

• SB–328J–25–244, dated March 18, 

2010 (for Model 328–300 airplanes); 

• SB–328–25–491, dated March 18, 

2010 (for Model 328–100 airplanes); and 

• SB–328J–25–243, dated March 18, 

2010 (for Model 328–300 airplanes). 

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. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 77161 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 59 products of U.S. registry. 

The actions that are required by AD 

2009–21–06, Amendment 39–16043 (74 

FR 53151, October 16, 2009), and 

retained in this proposed AD take about 

1 work-hour per product, at an average 

labor rate of $85 per work hour. Based 

on these figures, the estimated cost of 

the currently required actions is $85 per 

product. 

We estimate that it would take 6 

work-hours per product, depending on 

airplane configuration, to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost $2,315 per product. Based 

on these figures, we estimate the cost of 

the proposed AD on U.S. operators to be 

$166,675, or $2,825 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); and 

3. 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 

removing Amendment 39–16043 (74 FR 

53151, October 16, 2009) and adding the 

following new AD: 

328 Support Services GmbH (Type 

Certificate Previously Held by AvCraft 

Aerospace GmbH; Fairchild Dornier 

GmbH; Dornier Luftfahrt GmbH): Docket 

No. FAA–2011–1318; Directorate 

Identifier 2010–NM–274–AD. 

Comments Due Date 

(a) We must receive comments by January 

26, 2012. 

Affected ADs 

(b) This AD supersedes AD 2009–21–06, 

Amendment 39–16043 (74 FR 53151, October 

16, 2009). 

Applicability 

(c) This AD applies to 328 Support 

Services GmbH (Type Certificate previously 

held by AvCraft Aerospace GmbH; Fairchild 

Dornier GmbH; Dornier Luftfahrt GmbH) 

Model 328–100 and –300 airplanes; 

certificated in any category; all serial 

numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/Furnishings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An incident has been reported with a 

Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle 

position during the landing roll-out. The 

aeroplane was stopped by excessive braking. 

The reason for the jamming was that the 

cockpit door locking device * * * had fallen 

off the RH cockpit wall, blocking the RH 

power/condition lever pulley/cable cluster 

below the door. * * * 

This condition, if not corrected, could 

cause interference with the engine and/or 

flight control cables, possibly resulting in 

reduced control of the aeroplane. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Certain Requirements of AD 

2009–21–06, Amendment 39–16043 (74 FR 

53151, October 16, 2009) 

(g) Within 3 months after November 20, 

2009 (the effective date of AD 2009–21–06, 

Amendment 39–16043 (74 FR 53151, October 

16, 2009)), do a detailed visual inspection of 

the cockpit door locking device and the 

surrounding area for proper installation, in 

accordance with the Accomplishment 

Instructions of 328 Support Services Service 

Bulletin SB–328–25–485 or SB–328J–25–235, 

both dated January 28, 2009, as applicable. 

(h) If any discrepancy is found during the 

inspection specified in paragraph (g) of this 

AD, before further flight, do the corrective 

action, in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–25–485 or 

SB–328J–25–235, both dated January 28, 

2009, as applicable. 

New Requirements of This AD 

(i) Within 4,000 flight hours or 24 months 

after the effective date of this AD, whichever 

occurs first, do the applicable actions 

specified in paragraph (i)(1) or (i)(2) of this 

AD. 

(1) For airplanes on which a door locking 

device with Option 521K010 is installed: 

Remove the locking device of the cockpit 

door, part number (P/N) 001A252A3914012, 

install the gap filler parts, and do operational 

tests, in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–25–492, 

dated March 18, 2010 (for Model 328–100 

airplanes); or 328 Support Services Service 

Bulletin SB–328J–25–244, dated March 18, 

2010 (for Model 328–300 airplanes). 

(2) For airplanes on which a door locking 

device with Option 521K010 is not installed: 

Replace the locking device of the cockpit 

door, P/N 001A252A3914012, with a new 

locking device, P/N 001A252A3914016, and 

do operational tests, in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–25–491, 

dated March 18, 2010 (for Model 328–100 

airplanes); or 328 Support Services Service 

Bulletin SB–328J–25–243, dated March 18, 

2010 (for Model 328–300 airplanes). 

(j) If any operational test fails during the 

actions specified in paragraph (i)(1) or (i)(2) 

of this AD, before further flight, repair in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, or 

EASA (or its delegated agent). 

(k) As the effective date of this AD, no 

person may install a locking device of the 

cockpit door having P/N 001A252A3914012 

on any airplane. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

77162 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) Although the MCAI specifies that after 

doing the modification, installing the affected 

part is prohibited, this AD specifies that as 

of the effective date of this AD, installing the 

affected part is prohibited. 

(2) Although the MCAI tells you to submit 

information to the manufacturer, this AD 

specifies that such submittal is not required. 

Other FAA AD Provisions 

(l) 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: 

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. 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. 

Related Information 

(m) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2010– 

0169, dated August 13, 2010; and the service 

bulletins specified in paragraphs (m)(1) 

through (m)(5) of this AD; for related 

information. 

(1) 328 Support Services Service Bulletin 

SB–328–25–485, dated January 28, 2009. 

(2) 328 Support Services Service Bulletin 

SB–328J–25–235, dated January 28, 2009. 

(3) 328 Support Services Service Bulletin 

SB–328–25–491, dated March 18, 2010. 

(5) 328 Support Services Service Bulletin 

SB–328J–25–243, dated March 18, 2010. 

(4) 328 Support Services Service Bulletin 

SB–328–25–492, dated March 18, 2010. 

(5) 328 Support Services Service Bulletin 

SB–328J–25–244, dated March 18, 2010. 

Issued in Renton, Washington, on 

December 5, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31739 Filed 12–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 50, 55, and 58 

[Docket No. FR–5423–P–01] 

RIN 2501–AD51 

Floodplain Management and 

Protection of Wetlands 

AGENCY: Office of the Secretary, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update and modify HUD’s regulations 

governing the protection of wetlands 

and floodplains. With respect to 

wetlands, the proposed rule would 

codify existing procedures for Executive 

Order 11990 (E.O. 11990), Protection of 

Wetlands. HUD’s current policy is to 

require the use of E.O. 11990’s 8 Step 

Process for floodplains for actions 

performed by the Department or actions 

performed with HUD financial 

assistance. This rule will codify this 

policy and thereby improve consistency 

and increase transparency by placing 

the E.O. requirements in regulation. In 

certain instances, the new wetlands 

procedures will allow recipients of HUD 

assistance to use permits issued under 

section 404 of the Clean Water Act in 

lieu of five steps of the E.O. 11990’s 8 

Step Process, thereby streamlining the 

wetlands decision-making processes. 

With respect to floodplains, the 

proposed rule would prohibit HUD 

funding (e.g., Community Development 

Block Grants, HOME Investment 

Partnerships Program, Choice 

Neighborhoods, etc.) or Federal Housing 

Administration (FHA) mortgage 

insurance for the construction of new 

structures in Coastal High Hazard Areas. 

The current regulations allow for such 

new construction so long as the 

construction, is in accordance with 

certain standards. This change is 

anticipated to have minimal effect, since 

HUD receives few requests to fund or 

insure mortgages for new construction 

in these areas. 

The proposal would also make several 

other changes to HUD’s floodplain and 

wetland regulations; the changes are 

designed to streamline floodplain and 

wetland environmental procedures and 

avoid unnecessary delays in processing. 

The procedures proposed by this rule 

would apply to HUD and to state, tribal, 

and local governments when they are 

responsible for environmental reviews 

under HUD programs. 

DATES: Comment Due Date: February 10, 

2012. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street SW., Room 

10276, Washington, DC 20410–0500. 

Communications must refer to the above 

docket number and title. There are two 

methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make them immediately 

available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. 

No Facsimile Comments. Facsimile 

(FAX) comments are not acceptable. 

Public Inspection of Public 

Comments. All properly submitted 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an 

appointment to review the public 

comments must be scheduled in 

advance by calling the Regulations 

Division at (202) 708–3055 (this is not 

a toll-free number). Individuals with 

speech or hearing impairments may 

access this number via TTY by calling 

the Federal Relay Service at (800) 877– 

8339. Copies of all comments submitted 

are available for inspection and 

downloading at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Charles Bien, Acting Director Office of 

Environment and Energy, Office of 

Community Planning and Development, 

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