60188 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 

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 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, 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 adding 

the following new airworthiness 

directive (AD): 

2013–15–01 AGUSTAWESTLAND S.p.A.: 

Amendment 39–17517; Docket No. 

FAA–2013–0640; Directorate Identifier 

2013–SW–016–AD. 

(a) Applicability 

This AD applies to Model AB139 and 

AW139 helicopters with a Full Icing 

Protection System (FIPS) installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

improper insulation of an electrical cable 

resulting in failure of the FIPS Auto 

Transformer Rectifier Unit to contain the 

internal circuit overload. This condition 

could result in a fire, structural damage, and 

subsequent loss of control of the helicopter. 

(c) Effective Date 

This AD becomes effective October 16, 

2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Before further flight, deactivate the FIPS, 

and install a placard with 6 millimeter red 

letters on a white background next to the 

FIPS controller that states the following: 

‘‘FLIGHT INTO KNOWN ICING IS 

PROHIBITED.’’ 

(f) Special Flight Permits 

Special flight permits are prohibited. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Andy Shaw, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email andy.shaw@

faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

(1) AgustaWestland Bollettino Tecnico 

(BT) No. 139–324, Revision A, dated June 4, 

2013, and AgustaWestland BT No. 139–330, 

dated June 4, 2013, which are not 

incorporated by reference, contain additional 

information about the subject of this AD. For 

service information identified in this AD, 

contact AgustaWestland, Customer Support & 

Services, Via Per Tornavento 15, 21019 

Somma Lombardo (VA) Italy, ATTN: 

Giovanni Cecchelli; telephone 39–0331– 

711133; fax 39 0331 711180; or at http://

www.agustawestland.com/technicalbullettins. You may review a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2013–0124, dated June 5, 2013. You may 

view the EASA AD on the Internet at 

http://www.regulations.gov in Docket No. 

FAA–2013–0640. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 3060 Ice Protection. 

Issued in Fort Worth, Texas, on July 11, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–23578 Filed 9–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0807; Directorate 

Identifier 2013–SW–035–AD; Amendment 

39–17601; AD 2013–19–19] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter Model AS332C, AS332L, 

AS332L1, AS332L2, and EC225LP 

helicopters. This AD requires replacing 

certain serial-numbered main gearbox 

(MGB) bevel gear vertical shafts because 

they are no longer airworthy. Also, this 

AD requires certain inspections of each 

MGB bevel gear vertical shaft (shaft) for 

a crack. Also, this AD requires if there 

is a crack, replacing the shaft with an 

airworthy part before further flight. This 

AD is prompted by two incidents of 

emergency ditching after warning 

indications of loss of MGB oil pressure. 

These actions are intended to detect a 

cracked shaft, which could result in loss 

of MGB oil pressure, loss of the MGB 

lubrication system, and subsequent loss 

of control of the helicopter. 

DATES: This AD becomes effective 

October 16, 2013. 


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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 60189 

We must receive comments on this 

AD by December 2, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 European 

Aviation Safety Agency (EASA) AD, the 

economic 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 service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax 

(972) 641–3775; or at http://www.euro

copter.com/techpub. 

You may review the referenced 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: Rao 

Edupuganti, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

rao.edupuganti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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 prior to it becoming effective. 

However, we invite you to participate in 

this rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit them only one time. We will file 

in the docket all comments that we 

receive, as well as a report summarizing 

each substantive public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

We are adopting a new AD for the 

specified Eurocopter helicopters with 

certain part-numbered shafts. This AD 

requires replacing certain serialnumbered shafts because they are no 

longer airworthy. Also, this AD requires 

certain inspections at specified intervals 

of each shaft for a crack. This AD also 

requires if there is a crack, replacing the 

shaft with an airworthy part before 

further flight. This AD is prompted by 

two incidents of emergency ditching 

after warning indication of loss of oil 

pressure. A full circumferential crack of 

the lower shaft occurred in the area 

where two sections of the shaft are 

welded together. As a result, the shaft 

stopped driving the main and backup 

oil pumps leading to warning 

indications of the loss of the MGB 

lubrication. The crew activated the MGB 

emergency lubrication system, and 

following a warning that indicated 

failure of that system, performed a 

controlled ditching into the sea. These 

actions are intended to detect a cracked 

shaft, which could result in loss of MGB 

oil pressure, loss of the MGB lubrication 

system, and subsequent loss of control 

of the helicopter. 

This AD is prompted by EASA AD 

2013–0138R1, dated July 15, 2013, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union. EASA AD 2013– 

0138R1 was issued to revise EASA AD 

2013–0138–E, dated July 9, 2013, which 

superseded EASA Emergency AD 2012– 

1250–E, dated November 21, 2012, to 

correct an unsafe condition for the 

Eurocopter Model AS332C, AS332C1, 

AS332L, AS332L1, AS332L2, and 

EC225LP helicopters, all serial numbers, 

with certain part-numbered shafts, 

installed. 

EASA advises of two events of the 

Model EC225LP helicopters. In both 

cases, an emergency ditching was 

performed after warning indication of 

MGB loss of oil pressure and subsequent 

additional red alarm on the MGB 

emergency lubrication system (EMLUB). 

EASA also advises of a full 

circumferential crack of the lower 

vertical shaft of the MGB bevel gear in 

the area where the two sections of the 

shaft are welded together. As a result, 

the vertical shaft ceased to drive the 

main and backup oil pumps leading to 

warning indications of the loss of the 

MGB main and standby oil lubrication 

systems. The crew activated the EMLUB 

system and, following a subsequent 

warning indicating failure of that 

system, performed a controlled ditching 

into the sea. 

EASA advises that Eurocopter 

determined after investigating the 

incidents that the MGB bevel gear 

vertical shaft failures resulted from a 

combination of factors, including stress 

hot-spots induced by the shaft geometry, 

residual stresses in the shaft weld 

material resulting from the 

manufacturing process, and corrosion 

pitting inside the shaft on areas where 

gear spline wear particles accumulated. 

The EASA AD allows continued 

operations under certain conditions if 

equipped with a Vibration Health 

Monitoring System (VHM). 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA, its 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Interim Action 

We consider this AD interim action. 

The design approval holder is currently 

developing a newly-designed shaft that 

will address the unsafe condition 

identified in this AD. Once the newlydesigned shaft is developed, approved, 

and available, we might consider 

additional rulemaking. 

Related Service Information 

Eurocopter has issued the following 

service information: 

• ASB No. AS332–01.00.82, Revision 

3, dated July 8, 2013, for the Model 

AS332C, C1, L, L1, L2 civil helicopters 

and Model AS332B, B1, M, M1, and F1 

military model helicopters. The ASB 

defines the new inspection 


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60190 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 

requirements to detect a crack in the 

shaft. 

• ASB No. EC225–04A009, Revision 

3, dated July 8, 2013 for Model EC225LP 

helicopters. The ASB defines the new 

inspection requirements to detect a 

crack in the shaft. 

AD Requirements 

This AD requires: 

• Removing certain part-numbered 

and serial-numbered shafts from service, 

which are no longer considered 

airworthy. 

• For certain model helicopters, 

before further flight and at specified 

intervals, eddy current inspecting the 

shaft for a crack in the area of the weld. 

• For Model EC225LP, before further 

flight, either installing a placard in full 

view of the pilot with the following 

statement in red, 6 millimeter letters on 

a white background: ‘‘MAXIMUM 

CONTINUOUS TORQUE LIMITED TO 

70% DURING LEVEL FLIGHTS AT IAS 

EQUAL TO OR MORE THAN 60 KTS,’’ 

and before further flight and thereafter 

at intervals not to exceed 11.5 hours 

TIS, removing the main jet and 

emergency spraying jet, and ultrasonic 

inspecting the shaft in the weld area for 

a crack; or 

• Before further flight and thereafter 

at intervals not to exceed 8 hours TIS, 

removing the main jet and emergency 

spraying jet, and ultrasonic inspecting 

the shaft for a crack in the area of the 

weld. 

• Each eddy current or ultrasonic 

inspection be done by a Level II or Level 

III operator certified in the ultrasonic 

fault detection method in the 

Aeronautics Sector according to the 

EN4179 or NAS410 standard. 

• If there is a crack, before further 

flight, replacing the shaft with an 

airworthy part. 

Differences Between This AD and the 

EASA AD 

The EASA AD allows continued 

operations under certain conditions if 

equipped with a VHM. The VHM 

system is validated by FAA for 

information only, and therefore we have 

not adopted that portion of the EASA 

AD. 

Costs of Compliance 

We estimate that this AD will affect 

four helicopters of U.S. Registry. 

We estimate that operators may incur 

the following costs to comply with this 

AD. We estimate labor at $85 per work 

hour. Minimal cost to install a placard 

and 3 work hours to inspect each shaft 

for a crack, it will cost $255 per 

helicopter and $1,020 for the fleet per 

inspection. To replace a shaft, it will 

take 44 work hours and $1,243,350 for 

required parts for a total of $1,247,090 

per helicopter. 

FAA’s Justification and Determination 

of the Effective Date 

Providing an opportunity for public 

comments before adopting these AD 

requirements would delay 

implementing the safety actions needed 

to correct this known unsafe condition. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment before adopting this rule 

because the required corrective actions 

must be done within 10 hours TIS and 

at repeated intervals within short 

periods of time. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in less than 30 

days. 

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 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, 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 adding 

the following new airworthiness 

directive (AD): 

2013–19–19 Eurocopter France: 

Amendment 39–17601; Docket No. 

FAA–2013–0807; Directorate Identifier 

2013–SW–035–AD. 

(a) Applicability 

This AD applies to Eurocopter Model 

AS332C, AS332L, AS332L1, AS332L2, and 

EC225LP helicopters, with main gearbox 

(MGB) bevel gear vertical shaft (shaft), part 

number (P/N) 332A32–5101–00, 332A32– 

5101–05, 332A32–5101–10, or 332A32– 

5101–15, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

cracked shaft resulting in loss of MGB oil 

pressure. These actions are intended to 

prevent loss of the MGB lubrication system 

and subsequent loss of control of the 

helicopter. 

(c) Effective Date 

This AD becomes effective October 16, 

2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

(1) Before further flight, remove shaft, P/N 

332A32–5101–00, 332A32–5101–05, 

332A32–5101–10, or 332A32–5101–15, with 

S/N M330 through M340 (inclusive) and S/ 

N M370 through M5000 (inclusive) from 

service, which are no longer considered 

airworthy. 


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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 60191 

(2) For Model AS332C, AS332L, AS332L1, 

and AS332L2 helicopters, before further 

flight and thereafter at intervals not to exceed 

10 hours time-in-service (TIS), eddy current 

inspect the shaft for a crack in the area of the 

weld, which must be done by a Level II or 

Level III inspector certified in the eddy 

current fault detection method in the 

Aeronautics Sector according to the EN4179 

or NAS410 standard. 

(3) For Model EC225LP, either do 

paragraphs (3)(i) and (3)(ii) or do paragraph 

(3)(iii). 

(i) Before further flight, install a placard in 

full view of the pilot with the following 

statement in red, 6 millimeter letters on a 

white background: ‘‘MAXIMUM 

CONTINUOUS TORQUE LIMITED TO 70% 

DURING LEVEL FLIGHTS AT IAS EQUAL 

TO OR MORE THAN 60 KTS,’’ and 

(ii) Before further flight and thereafter at 

intervals not to exceed 11.5 hours TIS, 

remove the main jet and emergency spraying 

jet, and ultrasonic inspect the shaft in the 

weld area for a crack, which must be done 

by a Level II or Level III inspector certified 

in the eddy current fault detection method in 

the Aeronautics Sector according to the 

EN4179 or NAS410 standard, or 

(iii) Before further flight, and thereafter at 

intervals not to exceed 8 hours TIS, remove 

the main jet and emergency spraying jet, and 

ultrasonic inspect the shaft for a crack in the 

area of the weld, which must be done by a 

Level II or Level III operator certified in the 

ultrasonic fault detection method in the 

Aeronautics Sector according to the EN4179 

or NAS410 standard. 

(4) If there is a crack, before further flight, 

replace the shaft with an airworthy part. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to Rao Edupuganti, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

rao.edupuganti@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) Eurocopter Alert Service Bulletin (ASB) 

No. AS332–01.00.82 and ASB No. EC225– 

04A009, both Revision 3, both dated July 8, 

2013, which are not incorporated by 

reference, contain additional information 

about the subject of this AD. For service 

information identified in this AD, contact 

American Eurocopter Corporation, 2701 N. 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232–0323; 

fax (972) 641–3775; or at http://

www.eurocopter.com/techpub. You may 

review a copy of the service information at 

the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2013–0138R1, dated July 15, 2013. You 

may view the EASA AD at http://

www.regulations.gov by searching for and 

locating it in the Docket for this AD. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6320 Main rotor gearbox. 

Issued in Fort Worth, Texas, on September 

9, 2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–23580 Filed 9–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 24, 162, 163, and 178 

[USCBP–2012–0017; CBP Dec. 13–16] 

RIN 1515–AD88 

United States-Colombia Trade 

Promotion Agreement 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, with some changes, interim 

amendments to the U.S. Customs and 

Border Protection (CBP) regulations 

which were published in the Federal 

Register on September 26, 2012, as CBP 

Dec. 12–16, to implement the 

preferential tariff treatment and other 

customs-related provisions of the 

United States-Colombia Trade 

Promotion Agreement. 

DATES: Effective October 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Textile Operational Aspects: Jacqueline 

Sprungle, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6517. 

Other Operational Aspects: Katrina 

Chang, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6532. 

Legal Aspects: Karen Greene, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0041. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 22, 2006, the United 

States and Colombia signed the United 

States-Colombia Trade Promotion 

Agreement (‘‘CTPA’’ or ‘‘Agreement’’), 

and on June 28, 2007, the Parties signed 

a protocol amending the Agreement. On 

October 21, 2011, the President signed 

into law the United States-Colombia 

Trade Promotion Agreement 

Implementation Act (the ‘‘Act’’), Public 

Law 112–42, 125 Stat. 462 (19 U.S.C. 

3805 note), which approved and made 

statutory changes to implement the 

CTPA. 

On September 26, 2012, CBP 

published CBP Dec. 12–16 in the 

Federal Register (77 FR 59064) setting 

forth interim amendments to implement 

the preferential tariff treatment and 

other customs-related provisions of the 

CTPA and the Act. Please refer to those 

documents for further background 

information. 

The majority of the CTPA 

implementing regulations set forth in 

CBP Dec. 12–16 and adopted as final in 

this document have been included 

within Subpart T of Part 10 of the CBP 

regulations (19 CFR Part 10). However, 

in those cases in which CTPA 

implementation is more appropriate in 

the context of an existing regulatory 

provision, the CTPA regulatory text has 

been incorporated into an existing Part 

within the CBP regulations. CBP Dec. 

12–16 also sets forth a number of crossreferences and other consequential 

changes to existing regulatory 

provisions to clarify the relationship 

between those existing provisions and 

the new CTPA implementing 

regulations. 

Although the interim regulatory 

amendments were promulgated without 

prior public notice and comment 

procedures and took effect on 

September 26, 2012, CBP Dec. 12–16 

provided for the submission of public 

comments which would be considered 

before adoption of the interim 

regulations as a final rule. The 

prescribed public comment closed on 

November 26, 2012. CBP received no 

comments on CBP Dec. 12–16. 

Conclusion 

After further review of the matter, and 

in light of the fact that no comments 

were submitted in response to CBP’s 

solicitation of public comment, CBP has 

determined to adopt as final, with the 

changes described below, the interim 

rule published in the Federal Register 

(77 FR 59064) on September 26, 2012. 

The changes in this document are set 

forth below: 

• Amend § 10.3007(a) to clarify, as 

per Article 4.17.2 of the CTPA, that an 

importer that claims preferential tariff 

treatment for a good imported into the 

United States under § 10.3003(b), based 


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