This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

72913 

Vol. 77, No. 236 

Friday, December 7, 2012 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1090 

[Docket No. CFPB–2012–0040] 

RIN 3170–AA30 

Defining Larger Participants of the 

Consumer Debt Collection Market; 

Correction 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule; correction. 

SUMMARY: The Bureau of Consumer 

Financial Protection published in the 

Federal Register of October 31, 2012 a 

final rule amending the regulation 

defining larger participants of certain 

consumer financial product and service 

markets by adding a new section to 

define larger participants of a market for 

consumer debt collection. The final rule 

contained four typographical errors, 

which this document corrects. 

DATES: This correcting amendment is 

effective on January 2, 2013. 

FOR FURTHER INFORMATION CONTACT: Kali 

Bracey, Senior Counsel, (202) 435–7141, 

or Susan Torzilli, Attorney-Advisor, 

(202) 435–7464, Office of Nonbank 

Supervision, Bureau of Consumer 

Financial Protection, 1700 G Street NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: The 

Bureau of Consumer Financial 

Protection (Bureau) published a final 

rule in the Federal Register of October 

31, 2012 (77 FR 65775) amending 12 

CFR part 1090 by adding a new section 

to define larger participants of a market 

for consumer debt collection. The final 

rule contained four typographical errors, 

which this document corrects. Three of 

these errors were incorrect crossreferences. The other error was an 

omission of a subheading designation. 

The Bureau finds that there is good 

cause to publish these corrections 

without seeking public comment. See 5 

U.S.C. 553(b)(B). Public comment is 

unnecessary because the Bureau is 

correcting inadvertent, technical errors 

about which there is minimal, if any, 

basis for substantive disagreement. 

Accordingly, in FR Doc. 2012–26467 

published on October 31, 2012 (77 FR 

65775), make the following corrections: 

1. On page 65798, in the second 

column, in § 1090.105, in paragraph 

(iii)(C) of the definition of Annual 

receipts, remove the first reference to 

‘‘(iii)(B)’’ and add ‘‘(ii)’’ in its place. 

2. On page 65798, in the second 

column, in § 1090.105, in paragraph 

(iii)(C) of the definition of Annual 

receipts, remove the second reference to 

‘‘(iii)(B)’’ and add ‘‘(ii)(B)’’ in its place. 

3. On page 65798, in the second 

column, in § 1090.105, in paragraph 

(iii)(D) of the definition of Annual 

receipts, remove ‘‘(iii)(B)’’ and add ‘‘(ii)’’ 

in its place. 

4. On page 65798, in the third 

column, add the paragraph designation 

‘‘(b)’’ before ‘‘Test to define larger 

participants’’. 

Dated: November 28, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–29438 Filed 12–6–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0500; Directorate 

Identifier 2010–SW–014–AD; Amendment 

39–17263; AD 2012–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Eurocopter Deutschland GmbH (ECD) 

Model EC135 helicopters, except the EC 

135 P2+ and T2+. This AD requires 

inspecting each upper and lower plain 

journal bearing (bearing) and replacing 

the swashplate assembly with an 

airworthy swashplate assembly if a 

bearing is not correctly positioned. This 

AD was prompted by two reports of the 

bearings moving in relation to the main 

rotor swashplate sliding sleeve (sliding 

sleeve). The actions of this AD are 

intended to detect shifting of the 

bearing, which could limit the 

movement of the collective control and 

result in subsequent loss of control of 

the helicopter. 

DATES: This AD is effective January 11, 

2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 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. 

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, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5110, email 

gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On May 11, 2012, at 77 FR 27661, the 

Federal Register published our notice of 

proposed rulemaking (NPRM), which 

proposed to amend 14 CFR part 39 to 

include an AD that would apply to all 

Eurocopter Deutschland GmbH (ECD) 

model EC135 helicopters, except the EC 

135 P2+ and T2+. That NPRM proposed 

to require repetitively inspecting the 


srobinson on DSK4SPTVN1PROD with 
72914 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

bearings and replacing the swashplate 

assembly if a bearing is not correctly 

positioned. The NPRM also provided 

that replacing the swashplate assembly 

terminated the proposed inspection 

requirements. The proposed 

requirements were intended to detect 

shifting of a bearing, which could limit 

the movement of the collective control 

and result in loss of control of the 

helicopter. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No. 2009–0272, 

dated December 18, 2009 (AD 2009– 

0272), to correct an unsafe condition for 

Eurocopter Model EC 135 and EC 635 

helicopters. EASA advises that during 

two separate pre-flight checks on Model 

EC 135 helicopters in 2005, it was 

detected that one of the bearings of the 

sliding sleeve had moved to the outside 

of the sliding sleeve. EASA states that 

this condition, if not detected and 

corrected, could lead to a complete shift 

of the bearing to the inside or outside, 

creating the possibility of a limited 

movement of the collective, which 

could result in reduced control of the 

helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(77 FR 27661, May 11, 2012). 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Germany 

and are approved for operation in the 

United States. Pursuant to our bilateral 

agreement with Germany, 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 and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Differences Between This AD and the 

EASA AD 

This AD differs from the EASA AD as 

follows: 

• This AD requires the visual 

inspection to be performed by a 

mechanic, and repeated every 5 hours 

TIS. The EASA AD allows the visual 

inspection to be accomplished by a pilot 

during a preflight inspection. 

• This AD does not require contacting 

ECD customer service for corrective 

actions. 

• This AD provides terminating 

action for the inspection requirements 

for the bearings by replacing the 

swashplate assembly with a later-design 

swashplate assembly, part number 

L623M2005103. 

• The EASA AD applies to ECD 

model EC635 aircraft, and this AD does 

not because the EC635 does not have an 

FAA issued type-certificate. 

Related Service Information 

We reviewed Eurocopter Alert Service 

Bulletin (ASB) EC135–62A–021, dated 

June 23, 2005 (EC135–62A–021). 

EC135–62A–021 describes procedures 

for visually checking the bearings of the 

sliding sleeve during preflight. EASA 

classified this ASB as mandatory and 

issued AD 2009–0272 to ensure the 

continued airworthiness of these 

helicopters. 

Costs of Compliance 

We estimate that this AD will affect 

218 helicopters of U.S. registry and that 

operators will incur the following costs 

to comply with this AD: 

• Inspecting the bearings requires 

about 15 minutes at an average labor 

rate of $85 per hour, for a cost per 

helicopter of about $22 and a total cost 

to the U.S. operator fleet of $4,796 per 

inspection cycle. 

• If required, replacing the 

swashplate assembly will take about 8 

work hours at an average labor rate of 

$85 per hour, and required parts will 

cost about $38,586, for a total cost per 

helicopter of $39,266. 

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 

helicopters 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. 

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): 

2012–23–07 Eurocopter Deutschland GmbH 

Helicopters: Amendment 39–17263; 

Docket No. FAA–2012–0500; Directorate 

Identifier 2010–SW–014–AD. 

(a) Applicability 

This AD applies to all Eurocopter 

Deutschland GmbH (ECD) Model EC135 

helicopters, except EC 135 P2+ and EC135 

T2+, with a swashplate assembly, part 

number (P/N) L623M2006101, installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

movement of the plain journal bearings to the 

outside of the main rotor swashplate sliding 

sleeve (sliding sleeve). This condition could 

limit movement of the collective and result 

in subsequent loss of control of the 

helicopter. 


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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72915 

(c) Effective Date 

This AD becomes effective January 11, 

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 

Within 5 hours time-in-service (TIS), and 

thereafter at intervals not to exceed 5 hours 

TIS: 

(1) Visually inspect the position of the 

upper plain journal bearing and determine if 

it is flush with the sliding sleeve. 

Note to paragraph (e)(1) of this AD: Figure 

1 of Eurocopter Alert Service Bulletin 

EC135–62A–021, dated June 23, 2005, which 

is not incorporated by reference, contains 

additional information about the inspection. 

(2) Visually inspect the lower plain journal 

bearing and determine if it is recessed 2 

millimeters from the sliding sleeve. 

(3) If the upper plain journal bearing is not 

flush with the sliding sleeve or the lower 

plain journal bearing is not recessed 2 mm, 

before further flight, replace the swashplate 

assembly with an airworthy swashplate 

assembly. 

(4) Replacing the swashplate assembly, 

P/N L623M2006101, with a later designed 

swashplate assembly, P/N L623M2005103, 

constitutes a terminating action for the 

requirements 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: Gary Roach, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5110, email 

gary.b.roach@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 

EC135–62A–021, dated June 23, 2005, which 

is not incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (800) 

232–0323, fax (972) 641–3710, or at http:// 

www.eurocopter.com. 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 AD 2009– 

0272, dated December 18, 2009. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6230: Main Rotor Mast/Swashplate. 

Issued in Fort Worth, Texas, on November 

8, 2012. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–28044 Filed 12–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 6 

[Docket No. 121022566–2566–01] 

RIN 0605–AA31 

Civil Monetary Penalties; Adjustment 

for Inflation 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule is being issued 

to adjust each civil monetary penalty 

provided by law within the jurisdiction 

of the Department of Commerce (the 

Department). The Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996, 

required the head of each agency to 

adjust its civil monetary penalties 

(CMP) for inflation no later than October 

23, 1996, and requires agencies to make 

adjustments at least once every four 

years thereafter. These inflation 

adjustments will apply only to 

violations that occur after the effective 

date of this rule. 

DATES: This rule is effective December 7, 

2012. 

ADDRESSES: Office of General Counsel, 

Department of Commerce, 1401 

Constitution Avenue NW., MS 5876, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Peter Robbins; (202) 482–0846. 

SUPPLEMENTARY INFORMATION: The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410) provided for the regular evaluation 

of CMPs to ensure that they continue to 

maintain their deterrent value and that 

penalty amounts due to the Federal 

Government are properly accounted for 

and collected. On April 26, 1996, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 was amended 

by the Debt Collection Improvement Act 

of 1996 (Pub. L. 104–134) to require 

each agency to issue regulations to 

adjust its CMPs for inflation at least 

every four years. The amendment 

further provided that any resulting 

increases in a CMP due to the inflation 

adjustment should apply only to the 

violations that occur subsequent to the 

date of the publication in the Federal 

Register of the increased amount of the 

CMP. The first inflation adjustment of 

any penalty shall not exceed ten percent 

of such penalty. 

On October 24, 1996, November 1, 

2000, December 14, 2004, and December 

11, 2008, the Department published in 

the Federal Register a schedule of CMPs 

adjusted for inflation as required by law. 

By this publication, CMPs are again 

being adjusted for inflation as 

prescribed by law. 

A civil monetary penalty is defined as 

any penalty, fine, or other sanction that: 

1. Is for a specific monetary amount 

as provided by Federal law, or has a 

maximum amount provided for by 

Federal law; and, 

2. Is assessed or enforced by an 

agency pursuant to Federal law; and, 

3. Is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. 

This regulation adjusts the CMPs that 

are established by law and assessed or 

enforced by the Department. 

The actual penalty assessed for a 

particular violation is dependent upon a 

variety of factors. For example, the 

National Oceanic and Atmospheric 

Administration’s (NOAA) Policy for the 

Assessment of Civil Administrative 

Penalties and Permit Sanctions (Penalty 

Policy), a compilation of internal 

guidelines that are used when assessing 

penalties for violations for most of the 

statutes NOAA enforces, will be 

interpreted in a manner consistent with 

this regulation to maintain the deterrent 

effect of the penalties recommended 

therein. The penalty ranges in the 

Penalty Policy are intended to aid 

enforcement attorneys in determining 

the appropriate penalty to assess for a 

particular violation. The Penalty Policy 

is maintained and made available to the 

public on the NOAA Office of the 

General Counsel, Enforcement Section 

Web site at: http://www.gc.noaa.gov/ 

documents/031611_penalty_policy.pdf. 

The inflation adjustments were 

determined pursuant to the 

methodology prescribed by Public Law 

101–410, which requires the maximum 

CMP, or the minimum and maximum 

CMP, as applicable, to be increased by 

the cost-of-living adjustment. The term 

‘‘cost-of-living adjustment’’ was defined 

in Public Law 104–134 to mean the 

percentage for each CMP by which the 

Consumer Price Index (CPI) for June of 

the calendar year preceding the 

adjustment exceeds the CPI for the 


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