Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 39623 

providers and thereby detect and 

prevent risks to consumers. 

The Bureau also believes that courts 

applying the principles of the common 

law would be unlikely to find a waiver 

of any applicable privilege in most 

circumstances in which it will share 

privileged information with another 

Federal or State agency. For example, 

the Bureau believes it unlikely that a 

court would find a waiver if it were to 

share its privileged deliberative work 

product with Federal or State agencies 

in the context of a coordinated 

examination or joint investigation. In 

circumstances in which the rule does 

result in a determination regarding 

waiver different than that which would 

be reached under existing law, section 

1070.47(c)’s only effect would be to 

preserve the confidentiality of 

privileged information and, therefore, 

would not impose material costs on 

consumers or covered persons for the 

same reasons as set forth above in 

relation to section 1070.48. Accordingly, 

section 1070.47(c) is not expected to 

impose material costs on consumers or 

covered persons or to impact 

consumers’ access to consumer financial 

products or services. 

Finally, although the final rule would 

apply to privileged information 

submitted by depository institutions or 

credit unions with $10,000,000,000 or 

less in assets as described in section 

1026 of the Dodd-Frank Act, it has no 

unique impact upon such institutions. 

Nor does the final rule have a unique 

impact on rural consumers. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, requires each agency to consider 

the potential impact of its regulations on 

small entities, including small 

businesses, small governmental units, 

and small not-for-profit organizations. 

The RFA generally requires an agency 

to conduct an initial regulatory 

flexibility analysis (IRFA) and a final 

regulatory flexibility analysis (FRFA) of 

any rule subject to notice-and-comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The Bureau did not perform an IFRA 

because it determined and certified that 

the proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The Bureau did not receive any 

comments regarding its certification, 

and is adopting the proposed rule 

without change. 

A FRFA is not required for the 

proposed rule because it will not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed rule does not impose 

obligations or standards of conduct on 

any entities. In any event, as noted, the 

submission by any person of any 

information to the Bureau in the course 

of the Bureau’s supervisory or 

regulatory processes or the Bureau’s 

later disclosure of such submitted 

material generally does not waive or 

otherwise affect any privilege such 

person may claim with respect to such 

information under Federal or State law 

as to any other person or entity. The 

final rule is intended to codify this 

result in order to give further assurance 

to entities subject to the Bureau’s 

authority. Any requirement to provide 

information stems from the Bureau’s 

authority under existing law, not the 

final rule. To the extent that the final 

rule alters existing law, it protects any 

applicable privilege under Federal or 

State law that a covered person that 

provides information to the Bureau may 

claim. 

Accordingly, the undersigned hereby 

certifies that the final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

List of Subjects in 12 CFR Part 1070 

Confidential business information, 

Consumer protection, Privacy. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau amends 12 CFR 

part 1070, subpart D, as set forth below: 

PART 1070—DISCLOSURES OF 

RECORDS AND INFORMATION 

■ 1. The authority citation for part 1070 

continues to read as follows: 

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

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

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

U.S.C. 301. 

Subpart D—Confidential Information 

■ 2. Amend § 1070.47 by revising 

paragraph (c) to read as follows: 

§ 1070.47 Other Rules Regarding 

Disclosure of Confidential Information. 

* * * * * 

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

CFPB shall not be deemed to have 

waived any privilege applicable to any 

information by transferring that 

information to, or permitting that 

information to be used by, any Federal 

or State agency. 

(2) Rule of construction. Paragraph 

(c)(1) of this section shall not be 

construed as implying that any person 

waives any privilege applicable to any 

information because paragraph (c)(1) 

does not apply to the transfer or use of 

that information. 

■ 3. Add § 1070.48 to read as follows: 

§ 1070.48 Privileges not affected by 

disclosure to the CFPB. 

(a) In general. The submission by any 

person of any information to the CFPB 

for any purpose in the course of any 

supervisory or regulatory process of the 

CFPB shall not be construed as waiving, 

destroying, or otherwise affecting any 

privilege such person may claim with 

respect to such information under 

Federal or State law as to any person or 

entity other than the CFPB. 

(b) Rule of construction. Paragraph (a) 

of this section shall not be construed as 

implying or establishing that— 

(1) Any person waives any privilege 

applicable to information that is 

submitted or transferred under 

circumstances to which paragraph (a) of 

this section does not apply; or 

(2) Any person would waive any 

privilege applicable to any information 

by submitting the information to the 

CFPB but for this section. 

Dated: June 26, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–16247 Filed 7–3–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[Amendment No. 33–33] 

Airworthiness Standards: Aircraft 

Engines; Technical Amendment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This amendment clarifies 

aircraft engine vibration test 

requirements in the airworthiness 

standards. The clarification is in 

response to inquiries from applicants 

requesting FAA engine type 

certifications and aftermarket 

certifications, such as supplemental 

type certificates, parts manufacturing 

approvals, and repairs. We are revising 

the regulations to clarify that ‘‘engine 

surveys’’ require an engine test. The 

change is not substantive in nature, and 

will not impose any additional burden 

on any person. 


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39624 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 

DATES: This amendment becomes 

effective July 5, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Dorina Mihail, Federal 

Aviation Administration, Engine and 

Propeller Directorate, Standards Staff, 

ANE–110, 12 New England Executive 

Park, Burlington, Massachusetts 01803– 

5229; (781) 238–7153; facsimile: (781) 

238–7199; email: 

dorina.mihail@faa.gov. 

For legal questions concerning this 

action, contact Vincent Bennett, Federal 

Aviation Administration, Office of 

Regional Counsel, ANE–7, 12 New 

England Executive Park, Burlington, 

Massachusetts 01803–5299; telephone 

(781) 238–7044; fax (781) 238–7055; 

email vincent.bennett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The airworthiness standards in 

§ 33.83 refer to engine surveys, vibration 

surveys, vibration test, or simply 

surveys with the intent to prescribe 

engine vibration surveys conducted by 

the means of an engine test. This intent 

has been applied since the regulation 

was first issued in 1964 and is common 

certification practice. However, FAA 

continues to receive requests for 

clarification in regard to the ‘‘engine 

surveys’’ required in the second 

sentence of § 33.83(a). The requested 

clarification was whether an 

‘‘appropriate combination of experience, 

analysis, and component test’’ is 

acceptable in lieu of an engine test. We 

are revising § 33.83(a) to clarify that the 

applicants must conduct the engine 

surveys by the means of an engine test, 

and that the applicants may use an 

‘‘appropriate combination of experience, 

analysis, and component test’’ in 

support of conducting the engine test. 

This clarification is not substantive in 

nature, and will not impose any 

additional burden on any person. 

List of Subjects in 14 CFR Part 33 

Aircraft, Aviation safety. 

The Amendment 

In consideration of the following, the 

Federal Aviation Administration 

amends part 33 of Title 14, Code of 

Federal Regulations, as follows: 

PART 33—AIRWORTHINESS 

STANDARDS: AIRCRAFT ENGINES 

■ 1. The authority citation for part 33 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

■ 2. Revise § 33.83(a) to read as follows: 

§ 33.83 Vibration test. 

(a) Each engine must undergo 

vibration surveys to establish that the 

vibration characteristics of those 

components that may be subject to 

mechanically or aerodynamically 

induced vibratory excitations are 

acceptable throughout the declared 

flight envelope. Compliance with this 

section must be demonstrated by engine 

test, and must address, as a minimum, 

blades, vanes, rotor discs, spacers, and 

rotor shafts. The conduct of the engine 

test should be based on an appropriate 

combination of experience, analysis, 

and component test. 

* * * * * 

Issued in Washington, DC, on June 7, 2012. 

Lirio Liu, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2012–16290 Filed 7–3–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0416; Directorate 

Identifier 2012–NE–13–AD; Amendment 39– 

17078; AD 2012–11–14] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Canada Turboprop Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all Pratt 

& Whitney Canada (P&WC) PW118, 

PW118A, PW118B, PW119B, PW119C, 

PW120, PW120A, PW121, PW121A, 

PW123, PW123B, PW123C, PW123D, 

PW123E, PW123AF, PW124B, PW125B, 

PW126A, PW127, PW127E, PW127F, 

PW127G, and PW127M turboprop 

engines. This AD requires initial and 

repetitive inspections of certain serial 

numbers (S/Ns) of propeller shafts for 

cracks and removal from service if 

found cracked. This AD was prompted 

by reports of two propeller shafts found 

cracked at time of inspection during 

maintenance. We are issuing this AD to 

detect propeller shaft cracks, which 

could cause failure of the shaft, 

propeller release, and loss of control of 

the airplane. 

DATES: This AD becomes effective July 

20, 2012. 

We must receive comments on this 

AD by August 20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of P&WC Alert Service Bulletin (ASB) 

No. PW100–72–A21813, Revision 3, 

dated March 21, 2012, ASB No. PW100– 

72–A21802, Revision 4, dated March 16, 

2012, and Special Instruction P&WC 22– 

2012R2, dated April 4, 2012, listed in 

the AD as of July 20, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

For service information identified in 

this AD, contact Pratt & Whitney Canada 

Corp., 1000 Marie-Victorin, Longueuil, 

Quebec, Canada, J4G 1A1; phone 800– 

268–8000; fax 450–647–2888; Web site: 

www.pwc.ca. You may review copies of 

the referenced service information at the 

FAA, Engine & Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803. 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 Operations office 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 Operations office (phone: 

800–647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

email: james.lawrence@faa.gov; phone: 

781–238–7176; fax: 781–238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Canada AD CF–2012–12, dated 

March 26, 2012 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 


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