64394 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations 

19This includes the extent to which a proposal 

contains reasonable contingency plans for 

addressing unanticipated consumer harms that arise 

during the duration of the test. 20 If the Bureau determines not to approve a 

proposed trial program, it will inform the company 

of its determination. 21Before determining to issue a revocation, the 

Bureau will notify the affected company (or 

companies) of the grounds for revocation, and 

permit an opportunity to respond. If the Bureau 

nonetheless determines that the company failed to 

follow the terms of the waiver, it may offer an 

opportunity to correct any such failure before 

revoking the waiver. 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. 

22See 12 CFR 1070 et seq. 

23See 12 CFR 1070.14. 

3. The extent to which the program 

anticipates, controls for, and mitigates 

risks to consumers; 19

4. The strength and record of the 

company’s compliance management 

system relative to the size, nature, and 

complexity of the company’s consumer 

business; 

5. 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; 

6. The extent to which existing data 

or other evidence indicate that the 

proposed changes will realize the 

intended improvements; and 

7. 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 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.20 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.21

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. Identify the company or companies 

that are receiving a waiver; 

2. Specify the new disclosure(s) or 

delivery methods to be used by that 

company or companies under the terms 

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. Specify the temporary duration of 

the waiver; 

5. Describe and delineate the test 

population(s); and 

6. Specify 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 or companies in accordance 

with the approved terms of use. 

Public disclosure of any other 

information regarding trial programs is 

governed by the Bureau’s Rule on 

Disclosure of Records and 

Information.22 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.23 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 

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. 

Dated: October 23, 2013. 

Christopher D’Angelo, 

Chief of Staff, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–25580 Filed 10–28–13; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1245; Directorate 

Identifier 2012–NE–41–AD; Amendment 39– 

17626; AD 2013–21–02] 

RIN 2120–AA64 

Airworthiness Directives; Lycoming 

Engines and Continental Motors, Inc. 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2012–24– 

09 for Lycoming Engines TIO–540– 

AK1A, and Continental Motors, Inc. 

(CMI) TSIO–360–MB, TSIO–360–SB, 

and TSIO–360–RB reciprocating 

engines, with certain Hartzell Engine 

Technologies (HET) turbochargers, 

model TA0411, installed. AD 2012–24– 

09 required removing certain HET 

turbochargers from service before 

further flight. This AD also requires 

removing certain HET turbochargers 

from service before further flight. This 

AD was prompted by a report that an 

additional engine, the CMI LTSIO–360– 

RB, has the affected HET turbochargers 

installed. We are issuing this AD to 

prevent turbocharger turbine wheel 

failure, reduction or complete loss of 

engine power, loss of engine oil, oil fire, 

and damage to the airplane. 

DATES: This AD is effective November 

13, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 20, 2012 (77 FR 72203, 

December 5, 2012). 

We must receive any comments on 

this AD by December 13, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 


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Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations 64395 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Hartzell Engine 

Technologies, LLC, 2900 Selma 

Highway, Montgomery, AL 36108, 

phone: 334–386–5400; fax: 334–386– 

5450; Internet: http://www. 

hartzellenginetech.com. You may view 

this service information at the FAA, 12 

New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, 

call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www. 

regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Richards, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, FAA, 2300 E. Devon Ave., Des 

Plaines, IL 60018; phone: 847–294– 

7156; fax: 847–294–7834; email: 

christopher.j.richards@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On November 29, 2012, we issued AD 

2012–24–09, Amendment 39–17279 (77 

FR 72203, December 5, 2012), for 

Lycoming Engines TSIO–540–AK1A, 

and CMI TSIO–360–MB, TSIO–360–SB, 

and TSIO–360–RB reciprocating 

engines, with certain HET 

turbochargers, model TA0411, part 

numbers 466642–0001; 466642–0002; 

466642–0006; 466642–9001; 466642– 

9002; or 466642–9006, or with certain 

HET model TA0411 turbochargers 

overhauled or repaired since August 29, 

2012. On January 7, 2013, we issued a 

correction to AD 2012–24–09 (78 FR 

2615, January 14, 2013), which 

corrected the affected Lycoming Engines 

engine model from ‘‘TSIO–540–AK1A’’ 

to ‘‘TIO–540–AK1A.’’ AD 2012–24–09 

required removing the affected 

turbochargers from service before 

further flight. AD 2012–24–09 resulted 

from a report of a turbocharger turbine 

wheel that failed a static strength test at 

the manufacturing facility. We issued 

AD 2012–24–09 to prevent turbocharger 

turbine wheel failure, reduction or 

complete loss of engine power, loss of 

engine oil, oil fire, and damage to the 

airplane. 

Actions Since AD 2012–24–09 Was 

Issued 

Since we issued AD 2012–24–09 (77 

FR 72203, December 5, 2012; corrected 

January 14, 2013 (78 FR 2615)), we 

received a report that an additional 

engine, the CMI LTSIO–360–RB, has the 

affected HET turbochargers installed. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires removing the 

affected turbochargers from service 

before further flight. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because the AD requires removal of 

the affected turbochargers before further 

flight. Therefore, we find that notice and 

opportunity for prior public comment 

are impracticable and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–1245; Directorate Identifier 2012– 

NE–41–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 56 

engines of U.S. registry with affected 

turbochargers installed. We also 

estimate that it will take about 4 hours 

to remove a turbocharger from service. 

The average labor rate is $85 per hour. 

Based on these figures, we estimate the 

total cost of this AD to U.S. operators to 

be $19,040. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends part 39 of the Federal 

Aviation Regulations (14 CFR part 39) as 

follows: 


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64396 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations 

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 airworthiness directive (AD) 

2012–24–09, Amendment 39–17279 (77 

FR 72203, December 5, 2012; corrected 

January 14, 2013 (78 FR 2615)) and 

adding the following new AD: 

2013–21–02 Lycoming Engines and 

Continental Motors, Inc.: Amendment 

39–17626; Docket No. FAA–2012–1245; 

Directorate Identifier 2012–NE–41–AD. 

(a) Effective Date 

This AD is effective November 13, 2013. 

(b) Affected ADs 

This AD supersedes AD 2012–24–09, 

Amendment 39–17279 (77 FR 72203, 

December 5, 2012; corrected January 14, 2013 

(78 FR 2615)). 

(c) Applicability 

This AD applies to certain Lycoming 

Engines TIO–540–AK1A, and Continental 

Motors, Inc. (CMI) LTSIO–360–RB, TSIO– 

360–MB, TSIO–360–SB, and TSIO–360–RB 

reciprocating engines with a Hartzell Engine 

Technologies (HET) turbocharger installed 

that has a model number, part number, and 

serial number identified in Tables 1 and 2 of 

HET Alert Service Bulletin (ASB) No. 048, 

dated November 16, 2012. 

(d) Unsafe Condition 

This AD was prompted by a report that an 

additional engine, the CMI LTSIO–360–RB, 

has the affected HET turbochargers installed. 

We are issuing this AD to prevent 

turbocharger turbine wheel failure, reduction 

or complete loss of engine power, loss of 

engine oil, oil fire, and damage to the 

airplane. 

(e) Compliance 

(1) Comply with this AD within the 

compliance times specified, unless already 

done. 

(2) After the effective date of this AD and 

before further flight, remove from service any 

turbocharger identified in Tables 1 and 2 of 

HET ASB No. 048, dated November 16, 2012. 

(f) Prohibitions 

After the effective date of this AD, do not 

return to service, and do not operate without 

a special flight permit, any engine with an 

HET turbocharger installed that is identified 

in Tables 1 and 2 of HET ASB No. 048, dated 

November 16, 2012. 

(g) Special Flight Permits 

Special flight permits are limited to when: 

(1) Ferry flights do not exceed three hours 

duration; 

(2) The turbocharger boost is set to ‘‘Off’’ 

in the cockpit (if equipped); and 

(3) The wastegate for the turbocharger is 

safety wired in the locked open position. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Chicago Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Use the procedures 

found in 14 CFR 39.19 to make your request. 

(2) AMOCs approved for AD 2012–24–09 

(77 FR 72203, December 5, 2012; corrected 

January 14, 2013 (78 FR 2615)) remain in 

effect for this AD. 

(i) Related Information 

For more information about this AD, 

contact Christopher Richards, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, FAA, 2300 E. Devon Ave., Des 

Plaines, IL 60018; phone: 847–294–7156; fax: 

847–294–7834; email: christopher.j.richards@

faa.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on December 20, 2012 (77 

FR 72203, December 5, 2012; corrected 

January 14, 2013 (78 FR 2615)). 

(i) Hartzell Engine Technologies Alert 

Service Bulletin No. 048, dated November 16, 

2012. 

(ii) Reserved. 

(4) For service information identified in 

this AD, contact Hartzell Engine 

Technologies, LLC, 2900 Selma Highway, 

Montgomery, AL 36108, phone: 334–386– 

5400; fax: 334–386–5450; Internet: http://

www.hartzellenginetech.com. 

(5) You may view this service information 

at the FAA, 12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, call 

781–238–7125. 

(6) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202 741 6030, or go to: http://

www.archives.gov/federal-register/cfr/ibr_

locations.html. 

Issued in Burlington, Massachusetts, on 

October 8, 2013. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2013–25342 Filed 10–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9627] 

RIN 1545–BL04 

Mixed Straddles; Straddle-by-Straddle 

Identification Under Section 

1092(b)(2)(A)(i)(I); Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Temporary regulations; 

correcting amendments. 

SUMMARY: This document contains 

amendments to temporary regulations 

relating to guidance for taxpayers 

electing to establish a mixed straddle 

using straddle-by-straddle 

identification. These amendments 

include a change to the applicability 

date of the temporary regulations 

pursuant to which the temporary 

regulations apply to transactions 

established after the date of publication 

of the Treasury decision adopting these 

rules as final regulations in the Federal 

Register. The amendments to the 

temporary regulations will affect 

taxpayers who elect to establish a mixed 

straddle using straddle-by-straddle 

identification. 

DATES: Effective Date: These 

amendments are effective on October 

29, 2013. 

Applicability Date: As corrected, 

§ 1.1092(b)-6T applies to identified 

mixed straddles established after the 

date of publication of the Treasury 

decision adopting these rules as final 

regulations in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Lew or Robert B. Williams at 

(202) 622–3950 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The temporary regulations that are the 

subject of these amendments are under 

section 1092 of the Internal Revenue 

Code (Code). The temporary regulations 

(TD 9627) were published in the 

Federal Register on Friday, August 2, 

2013 (78 FR 46807). The temporary 

regulations applied to all identified 

mixed straddles established after the 

date of filing, August 1, 2013. 

Need for Amendments 

The Treasury Department and the IRS 

received comments raising concerns 

about the immediate applicability date 

of the temporary regulations. In 

response to those comments, this 

document amends the temporary 


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