Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Proposed Rules 51115 

the maximum payout amount as 

determined under paragraph (a)(2)(ii) of 

this section and the maximum leverage 

payout amount as determined under 

paragraph (a)(2)(vi) of this section. 

(2) Composition of the leverage buffer. 

The leverage buffer is composed solely 

of tier 1 capital. 

(3) Calculation of leverage buffer. (i) 

A covered BHC’s leverage buffer is equal 

to the covered BHC’s supplementary 

leverage ratio minus 3 percent, 

calculated as of the last day of the 

previous calendar quarter based on the 

covered BHC’s most recent Consolidated 

Financial Statement for Bank Holding 

Companies (FR Y–9C). 

(ii) Notwithstanding paragraph 

(c)(3)(i) of this section, if the covered 

BHC’s supplementary leverage ratio is 

less than or equal to 3 percent, the 

covered BHC’s leverage buffer is zero. 

TABLE 2 TO § 217.11—CALCULATION OF MAXIMUM LEVERAGE PAYOUT AMOUNT

Leverage buffer 

Maximum leverage payout 

ratio 

(as a percentage of eligible 

retained income) 

Greater than 2.0 percent ................................................................................................................................................ No payout ratio limitation 

applies. 

Less than or equal to 2.0 percent, and greater than 1.5 percent .................................................................................. 60 percent. 

Less than or equal to 1.5 percent, and greater than 1.0 percent .................................................................................. 40 percent. 

Less than or equal to 1.0 percent, and greater than 0.5 percent .................................................................................. 20 percent. 

Less than or equal to 0.5 percent .................................................................................................................................. 0 percent. 

Federal Deposit Insurance Corporation 

12 CFR chapter III 

Authority and Issuance 

For the reasons stated in the 

preamble, the Federal Deposit Insurance 

Corporation proposes to add part 324 of 

chapter III of Title 12, Code of Federal 

Regulations to read as follows: 

PART 324—CAPITAL ADEQUACY 

Sec. 

Subparts A–G [Reserved] 

Subpart H—Prompt Corrective Action 

324.403 Capital measures and capital 

category definitions. 

Authority: 12 U.S.C. 1815(a), 1815(b), 

1816, 1818(a), 1818(b), 1818(c), 1818(t), 

1819(Tenth), 1828(c), 1828(d), 1828(i), 

1828(n), 1828(o), 1831o, 1835, 3907, 3909, 

4808; 5371; 5412; Pub. L. 102–233, 105 Stat. 

1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. 

L. 102–242, 105 Stat. 2236, 2355, as amended 

by Pub. L. 103–325, 108 Stat. 2160, 2233 (12 

U.S.C. 1828 note); Pub. L. 102–242, 105 Stat. 

2236, 2386, as amended by Pub. L. 102–550, 

106 Stat. 3672, 4089 (12 U.S.C. 1828 note); 

Pub. L. 111–203, 124 Stat. 1376, 1887 (15 

U.S.C. 78o–7 note). 

Subparts A–G [Reserved] 

Subpart H—Prompt Corrective Action 

§ 324.403 Capital measures and capital 

category definitions. 

(a) [Reserved] 

(b) Capital categories. For purposes of 

section 38 of the FDI Act and this 

subpart, an FDIC-supervised institution 

shall be deemed to be: 

(1) ‘‘Well capitalized’’ if it: 

(i) [Reserved] 

(ii) [Reserved] 

(iii) [Reserved] 

(iv) [Reserved] 

(v) Beginning on January 1, 2018 and 

thereafter, an FDIC-supervised 

institution that is a subsidiary of a 

covered BHC will be deemed to be ‘‘well 

capitalized’’ if the FDIC-supervised 

institution satisfies paragraphs (b)(1)(i)– 

(iv) of this paragraph and has a 

supplementary leverage ratio of 6.0 

percent or greater. For purposes of this 

paragraph, a covered BHC means a U.S. 

top-tier bank holding company with 

more than $700 billion in total assets as 

reported on the company’s most recent 

Consolidated Financial Statement for 

Bank Holding Companies (FR Y–9C) or 

more than $10 trillion in assets under 

custody as reported on the company’s 

most recent Banking Organization 

Systemic Risk Report (FR Y–15); and 

(vi) [Reserved] 

(2) [Reserved] 

Dated: July 9, 2013. 

Thomas J. Curry, 

Comptroller of the Currency. 

By order of the Board of Governors of the 

Federal Reserve System, July 8, 2013. 

Robert deV. Frierson, 

Secretary of the Board. 

Dated at Washington, DC, this 9th day of 

July, 2013. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2013–20143 Filed 8–19–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0737; Directorate 

Identifier 2012–SW–111–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Eurocopter France (Eurocopter) Model 

AS332C, AS332L, AS332L1, AS332L2, 

and SA330J helicopters. This proposed 

AD would require inspecting the 

crimping of the ball joint of the upperand lower- end-fittings of the main 

servo-control and, depending on 

findings, replacing the main servocontrol or repairing the ball joint. This 

proposed AD is prompted by incidents 

of missing crimping on the ball joints of 

servo-control end-fittings. The proposed 

actions are intended to prevent failure 

of a main servo-control upper end 

fitting, and subsequent failure of the 

flight controls and loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by October 21, 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. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
51116 Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Proposed Rules 

• 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 proposed AD, the 

foreign authority’s 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 proposed 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 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: Matt 

Wilbanks, Aviation Safety Engineer, 

Rotorcraft Certification Office, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

matt.wilbanks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

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 might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, 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 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 proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2012– 

0248, dated November 20, 2012, to 

correct an unsafe condition for 

Eurocopter AS 332 C, AS 332 C1, AS 

332 L, AS 332 L1, AS 332 L2, and SA 

330 J helicopters with certain partnumbered main servo-controls installed. 

EASA advises that several occurrences 

were reported to Eurocopter of missing 

crimping on ball joints of servo-control 

end-fittings. EASA states that while 

slipping of the ball joint of the lower 

end-fitting does not affect its service 

life, slipping of the ball joint of the 

upper end-fitting can lead to a 

significant reduction of the service life 

of this end-fitting. As a result, the EASA 

AD requires inspecting each ball joint 

for crimping and, depending on the 

findings, replacing the main servocontrol. 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

Eurocopter issued one Emergency 

Alert Service Bulletin (EASB) with three 

different numbers, all Revision 1, and 

all dated December 5, 2012. EASB No. 

67.00.45 applies to civilian Model 

AS332C, AS332C1, AS332L, AS332L1, 

AS332L2, and military Model AS332B, 

AS332B1, AS332M, AS332M1, and 

AS332F1 helicopters. EASB No. 

67.00.31 applies to military Model 

AS532AC, AS532AL, AS532SC, 

AS532UC, AS532UE, AS532UL, 

AS532A2, and AS532U2 helicopters. 

EASB No. 67.19 applies to civilian 

Model SA330J and military Model 

SA330Ba, SA330Ca, SA330Ea, SA330L, 

SA330Jm, SA330S1, and SA330Sm 

helicopters. The EASB specifies visually 

checking for crimping of the ball joints 

of the upper- and lower- servo control 

end-fittings and informing the 

Eurocopter Technical Support 

Department of any ball joint that is not 

crimped. For an upper end-fitting ball 

joint that is not crimped and slips one 

millimeter (mm) or greater, the EASB 

specifies returning the servo-control for 

replacement of the ball joint and the 

end-fitting. For an upper end-fitting ball 

joint that is not crimped and slips less 

than one mm, the EASB specifies either 

crimping the ball joint or returning the 

servo-control for ball joint crimping. For 

a lower end-fitting ball joint that is not 

crimped, the EASB states to crimp the 

ball joint. The EASB also states that if 

a ball joint is crimped, no action on that 

ball joint is required in regard to this 

unsafe condition. 

Proposed AD Requirements 

This proposed AD would require 

visually inspecting the applicable ball 

joint of the upper and lower end-fittings 

of the main servo control for crimping. 

If the ball joint of the upper end-fitting 

is not crimped and the slipping of the 

ball joint is one mm or greater, then this 

proposed AD would require replacing 

the servo-control with an airworthy 

servo-control. If the ball joint of the 

upper end-fitting is not crimped and the 

slipping of the ball joint is less than one 

mm, then this proposed AD would 

require replacing the servo-control with 

an airworthy servo-control or crimping 

the ball joint. If the ball joint of the 

lower end-fitting is not crimped, this 

proposed AD would require crimping 

the ball joint. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 18 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. We estimate it 

would take 1 work-hour to inspect the 

ball joint for crimping at an average 

labor cost of $85 per work-hour. Based 

on these figures, it would cost about $85 

per helicopter for the inspection, or 

$1,530 for U.S. operators. We estimate it 

would take 4 work-hours to replace a 

servo-control and parts would cost 

approximately $60,358 for a total 

estimated cost of $60,698 for 

replacement. 

According to Eurocopter’s service 

information some of the costs of this 

proposed AD may be covered under 

warranty, thereby reducing the cost 

impact on affected individuals. We do 

not control warranty coverage by 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Proposed Rules 51117 

Eurocopter or UTC Actuation Systems/ 

Goodrich Actuation Systems. 

Accordingly, we have included all costs 

in our cost estimate. 

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 proposed 

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, 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); 

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 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 adding 

the following new airworthiness 

directive (AD): 

Eurocopter France (Eurocopter) Helicopters: 

Docket No. FAA–2013–0737; Directorate 

Identifier 2012–SW–111–AD. 

(a) Applicability 

This AD applies to the following model 

helicopters, certificated in any category, with 

a part-numbered main servo-control listed 

below: overhauled or repaired by UTC 

Actuation Systems/Goodrich Actuation 

Systems between June 1, 2008, and 

September 15, 2012, inclusive; or with a 

serial number listed in Appendix 1 of 

Eurocopter Emergency Alert Service Bulletin 

Nos. 67.00.45 or 67.19, both Revision 1, and 

both dated December 5, 2012 (EASB): 

(1) Model AS332C, AS332L, AS332L1, and 

AS332L2 helicopters with main servocontrol, part number (P/N) SC7202, SC7202– 

(all dash numbers), SC7203, SC7203–(all 

dash numbers), SC7221, or SC7221–(all dash 

numbers), installed; and 

(2) Model SA330J helicopters with main 

servo-control P/N SC7111, SC7111–(all dash 

numbers) SC7112, or SC7112–(all dash 

numbers), installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

missing crimping on a ball joint of a main 

servo-control end-fitting. This condition 

could result in failure of a main servo-control 

upper end fitting, failure of the flight 

controls, and loss of control of the helicopter. 

(c) Comments Due Date 

We must receive comments by October 21, 

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) Within 85 hours time-in-service (TIS): 

(i) Using a light source, inspect the ball 

joint of the upper end-fitting of the main 

servo control for crimping in accordance 

with Detail A and Detail B, Figure 1, of the 

EASB applicable to your model helicopter. 

(A) If the upper ball joint is not crimped 

and the ball joint slips a distance of 1 

millimeter (mm) or greater, replace the servocontrol with an airworthy servo-control. 

(B) If the upper ball joint is not crimped 

and the ball joint slips a distance of less than 

1mm, either crimp the ball joint or replace 

the servo-control with an airworthy servocontrol. 

(ii) Using a light source, inspect the ball 

joint of the lower end-fitting of the main 

servo-control for crimping in accordance 

with Detail A and Detail B, Figure 1, of the 

EASB applicable to your model helicopter. If 

the lower ball joint is not crimped, crimp the 

ball joint. 

(2) Prior to installing any servo-control that 

is affected by this AD, perform the required 

actions in accordance with paragraphs (e)(1) 

of this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Matt Wilbanks, 

Aviation Safety Engineer, Rotorcraft 

Certification Office, Rotorcraft Directorate, 

FAA, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone (817) 222–5110; 

email matt.wilbanks@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 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2012–0248, dated November 20, 2012. 

You may view the EASA AD on the Internet 

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

FAA–2013–0737. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6730, Rotor Flight Control—Rotorcraft 

Servo System. 

Issued in Fort Worth, Texas, on August 12, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–20312 Filed 8–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0698; Directorate 

Identifier 2012–NM–136–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

airworthiness directive (AD) 2006–06– 

14, that applies to certain Airbus Model 


sroberts on DSK5SPTVN1PROD with PROPOSALS