Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Proposed Rules 4093 

1See Enhancing Protections Afforded Customers 

and Customer Funds Held by Futures Commission 

Merchants and Derivatives Clearing Organizations, 

77 FR 67866 (Nov. 14, 2012). 

2Commission regulations referred to herein are 

found at 17 CFR Ch. 1 (2012). Commission 

regulations are accessible on the Commission’s Web 

site, www.cftc.gov. 

55770). That NPRM proposed to require 

you to inspect the aircraft’s hydraulic 

power pack wiring for incorrect 

installation, and if needed, correct the 

installation. 

Since issuance of the NPRM, in light 

of the comments received on the NPRM, 

the FAA re-evaluated the details that 

went into the determination of the 

unsafe condition for this concern. Based 

on new information discovered during 

the re-evaluation, we determined that: 

• An unsafe condition warranting AD 

action does not exist; and 

• The associated level of risk does not 

warrant AD action. 

To further mitigate this concern from 

recurring, the FAA may take another 

airworthiness action such as a special 

airworthiness information bulletin 

(SAIB) to recommend the actions 

contained in the proposed rule and 

capture potential concerns identified by 

the public during the comment period. 

Withdrawal of this NPRM constitutes 

only such action and does not preclude 

the agency from issuing future 

rulemaking on this issue, nor does it 

commit the agency to any course of 

action in the future. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule and therefore, is not covered 

under Executive Order 12866, the 

Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking, Docket No. FAA–2012– 

0962, published in the Federal Register 

on September 11, 2012 (77 FR 55770), 

is withdrawn. 

Issued in Kansas City, Missouri, on January 

14, 2013. 

James Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–01000 Filed 1–17–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 3, 22, 30 and 140 

RIN 3038–AD88 

Extension of Comment Period for the 

Rulemaking Enhancing Protections 

Afforded Customers and Customer 

Funds Held by Futures Commission 

Merchants and Derivatives Clearing 

Organizations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: On November 14, 2012, the 

Commodity Futures Trading 

Commission (‘‘Commission’’) published 

in the Federal Register a notice of 

proposed rulemaking (the ‘‘Customer 

Protection Proposal’’) 1 to adopt new 

regulations and amend existing 

regulations to require enhanced 

customer protections, risk management 

programs, internal monitoring and 

controls, capital and liquidity standards, 

customer disclosures, and auditing and 

examination programs for futures 

commission merchants (‘‘FCMs’’). The 

Customer Protection Proposal also 

addressed certain related issues 

concerning derivatives clearing 

organizations (‘‘DCOs’’) and chief 

compliance officers (‘‘CCOs’’). In order 

to provide interested parties with an 

additional opportunity to comment on 

the Customer Protection Proposal, the 

Commission is extending the comment 

period for the Customer Protection 

Proposal. 

DATES: The comment period for the 

Customer Protection Proposal is 

extended until February 15, 2013. 

ADDRESSES: You may submit comments, 

identified by RIN 3038–AD88, by any of 

the following methods: 

• Agency Web site, via its Comments 

Online process at http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site, and submit all 

comments through the ‘‘submit 

comment’’ link associated with this 

extension. 

• Mail: Send to Natise Stowe, Office 

of the Secretariat, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that may be exempt from disclosure 

under the Freedom of Information Act, 

a petition for confidential treatment of 

the exempt information may be 

submitted according to the procedures 

established in § 145.9 of the 

Commission’s regulations, 17 CFR 

145.9.2

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from http://www.cftc.gov that it may 

deem to be inappropriate for 

publication, such as obscene language. 

All submissions that have been redacted 

or removed that contain comments on 

the merits of the rulemaking will be 

retained in the public comment file and 

will be considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Division of Swap Dealer and 

Intermediary Oversight: Gary Barnett, 

Director, 202–418–5977, 

gbarnett@cftc.gov; Thomas Smith, 

Deputy Director, 202–418–5495, 

tsmith@cftc.gov; Ward P. Griffin, 

Associate Chief Counsel, 202–418–5425, 

wgriffin@cftc.gov, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581; 202–418–5648; 

or Kevin Piccoli, Deputy Director, 646– 

746–9834, kpiccoli@cftc.gov, 140 

Broadway, 19th Floor, New York, NY 

10005. 

Division of Clearing and Risk: Robert 

B. Wasserman, Chief Counsel, 202–418– 

5092, rwasserman@cftc.gov, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581. Office of the 

Chief Economist: Camden Nunery, 

Economist, cnunery@cftc.gov, 202–418– 

5723, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The protection of customers—and the 

safeguarding of money, securities or 


emcdonald on DSK67QTVN1PROD with 
4094 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Proposed Rules 

3 7 U.S.C. 6d(a)(2). 

4 7 U.S.C. 1 et seq. 

other property deposited by customers 

with an FCM—is a fundamental 

component of the Commission’s 

disclosure and financial responsibility 

framework. Section 4d(a)(2) 3 of the 

Commodity Exchange Act (‘‘Act’’) 4

requires each FCM to segregate from its 

own assets all money, securities and 

other property deposited by futures 

customers to margin, secure, or 

guarantee futures contracts and options 

on futures contracts traded on 

designated contract markets. Section 

4d(a)(2) further requires an FCM to treat 

and deal with futures customer funds as 

belonging to the futures customer, and 

prohibits an FCM from using the funds 

deposited by a futures customer to 

margin or extend credit to any person 

other than the futures customer that 

deposited the funds. Section 4d(f) of the 

Act, which was added by section 724(a) 

of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act, requires, 

subject to certain exceptions, each FCM 

to segregate from its own assets all 

money, securities and other property 

deposited by Cleared Swaps Customers 

to margin transactions in Cleared 

Swaps. 

The Commission issued the Customer 

Protection Proposal because market 

events had illustrated both the need to: 

(i) Require that care be taken about 

monitoring excess segregated and 

secured funds, and the conditions under 

and the extent to which such funds may 

be withdrawn; and (ii) place appropriate 

risk management controls around the 

other risks of the business to help 

relieve (A) the likelihood of an exigent 

event or, (B) if such an event occurs, the 

likelihood of a failure to prepare for 

such an event, which in either case 

could create pressures that might result 

in an inappropriate withdrawal of 

customer funds. Although the 

Commission stated that it believed that 

existing regulations provide an essential 

foundation to fostering a wellfunctioning marketplace, wherein 

customers are protected and 

institutional risks are minimized, it 

noted that recent events had 

demonstrated the need for additional 

measures to effectuate the fundamental 

purposes of the statutory provisions 

discussed above. Further, the 

Commission believed that, concurrently 

with the enhanced responsibilities for 

FCMs contained in the Customer 

Protection Proposal, the oversight and 

examination systems should be 

enhanced to mitigate risks and 

effectuate the statutory purposes. 

II. Reopening and Extension of 

Comment Periods and Request for 

Comment 

Subsequent to issuing the Customer 

Protection Proposal, the Commission 

has received a number of comments 

from interested parties requesting that 

the Commission extend the comment 

period for the proposal. Of particular 

note are the requests of the futures 

industry’s self-regulatory organizations, 

which have requested an extension to 

the comment period to provide 

additional time for all interested parties 

to evaluate the costs and benefits of the 

Customer Protection Proposal, and to 

propose alternative measures to provide 

increased customer protection and 

enhanced monitoring of FCMs. 

In light of the comments received, the 

Commission is extending the comment 

period of the Customer Protection 

Proposal to provide the public with an 

additional opportunity to comment on 

the proposal’s provisions. Given the 

emphasis of the comments received thus 

far on the potential costs of the 

Customer Protection Proposal, the 

Commission specifically seeks 

comments providing quantitative 

information addressing the costs and 

benefits of the proposed rulemaking. 

All comments that were received after 

the close of the originally established 

comment period of the Customer 

Protection Proposal will be treated as if 

they were received during the extended 

comment period and need not be 

resubmitted. 

Issued in Washington, DC, this 11th day of 

January 2013, by the Commission. 

Stacy D. Yochum, 

Counsel to the Executive Director. 

[FR Doc. 2013–00820 Filed 1–17–13; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 888 

[Docket No. FDA–2011–N–0661] 

Effective Date of Requirement for 

Premarket Approval for Two Class III 

Preamendments Devices 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed order. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

require the filing of a premarket 

approval application (PMA) or a notice 

of completion of a product development 

protocol (PDP) for the following two 

class III preamendments devices: Hip 

joint metal/metal semi-constrained, 

with a cemented acetabular component, 

prosthesis; and hip joint metal/metal 

semi-constrained, with an uncemented 

acetabular component, prosthesis. The 

Agency is also summarizing its 

proposed findings regarding the degree 

of risk of illness or injury designed to 

be eliminated or reduced by requiring 

the devices to meet the statute’s 

approval requirements and the benefits 

to the public from the use of the 

devices. In addition, FDA is announcing 

the opportunity for interested persons to 

request that the Agency change the 

classification of any of the 

aforementioned devices based on new 

information. This action implements 

certain statutory requirements. 

DATES: Submit either electronic or 

written comments on the proposed 

order by April 18, 2013. FDA intends 

that, if a final order based on this 

proposed order is issued, anyone who 

wishes to continue to market the device 

will need to file a PMA or a notice of 

completion of a PDP within 90 days of 

the publication of the final order. See 

section X of this document for the 

proposed effective date of a final order 

based on this proposed order. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2011–N– 

0661, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2011–N–0661 for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 


emcdonald on DSK67QTVN1PROD with